| Volume 67, Page 435 View pdf image (33K) |
Provincial Court Proceedings, 1677/8. 435
upon a certaine Judgemt for twelve thousand pounds of tobacco Liber N N
obtained agt the said Henry Trulock by Henry Warde att a Provin
ciall Court held att St Maryes the ninth day of April Anno 1676.
Att which said ninth day of April the same Sheriffe made returne
of the writt aforesaid, that by good & lawfull men of his bailywick
he did make known to the said James Rumsey as by the same writt
he was comanded
And the said James Rumsey by Kenelm Cheseldyn his Attorney
cometh & defendeth the force & injury when &c & prayeth liberty of
speaking hereunto untill next Provinciall Court & itt is granted unto
him, the same day is given to the plaintiffe also
Now here att this day to witt the Eighteenth day of June in
the third yeare of the Dominion of Charles Lord Baltemore &c
Anoq3 Doni 1678. came the said Henry Warde by Robert Carvile
his Attorney and the said James Rumsey by Kenelm Cheseldyn his
Attorney came also, & the said James saith that the said Henry upon
the judgement aforesaid ought not to have Execucon, for that he
saith he hath fully administred all & singuler the Goods & Chattells
which were the said Henry Trulocke att the tyme of his death, &
this he is ready to averr & craves judgemt whether the said Henry
Warde Execucon aforesaid ought to have Which plea of the said
James being seen & by the Justices here fully understood, itt seemeth
to the same Justices here That the plea aforesaid & the matter therein p. 655
contained in manner and forme aforesaid pleaded is not sufficient
in Law to preclude the said Henry from haveing his Execucon upon
the said Judgemt for the debt aforesaid Therefore itt is granted by
the Court here, that the said Henry Warde have his Execucon agt
the Estate of the said Henry Trulock for the aforesaid debt of
twelve thousand pounds of tobacco And also six hundred & foure
pounds of tobacco for his costs & charges sithence laid out & expended.
Thomas Marsh Unlesse the Defendt appeare next Court, the Sher
ag life of Talbot County amerced.
Richard Baily
Wm Gough
agt This action abates, the plt being dead
Philip Lynes
Jonathan Sibrey Unlesse the defendt appeare next Court, the Sherif
ag of Kent County amerced.
Charles Howell
Abraham Blagg
agt This action is discontinued.
Wm Wells
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| Volume 67, Page 435 View pdf image (33K) |
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