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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