Provincial Court Proceedings, 1679. 217

Cuninghams Exrs agt Margt Hall Exx Walter Hall

Comand was given to the Sheriffe of St Maryes County, that by good & law full men of his baily- wick he make known unto Margarett Hall Execx of the last will & testamt of Walter Hall deceased that she be & appeare here the fourth day of

Liber N N p. 871

March in the fourth yeare of the Dominion of Charles Lord Balte-
more &c Annoq Doni 1678. to shew cause (if any she haue) why
execution should not issue forth upon a judgem^t for Six thousand
Seven hundred Sixty two pounds of tobacco debt together with five
hundred forty foure pounds of tobacco costs of suite obtained
against the said Walter Hall the nineteenth day of ffebruary Annoq
Doni 1677. by Thomas Carlisle & John Watson Exec^rs of the last
Will & testam^t of John Cuningham deceased. On which said fourth
day of March the same Sheriffe made returne of the writt aforesaid,
that in the p^rsence of Edward Ward, Henry ffox & W^m Coulver-
house he had made known unto the aforesaid Margarett Hall as by
the same Writt he was comanded.

And the said Margarett Hall by Robert Ridgely her Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provincial Court & itt is granted
unto her, the same day is given to the p^lt also

Now here att this day to witt the Sixth day of June in the fourth
yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni
1679. came as well the said p^lts as the said Defend^t by their Attorneys
aforesaid, And the said Defend^t by her said Attorney saith, that
Execution against the Goods & Chatties of the said Walter Hall in
her hands remaining ought not to issue, because she saith, that the
said judgm^t against the said Walter Hall in his life tyme was ob-
tained by Thomas Carlisle & John Watson as Exec^rs of the last Will
& testam^t of John Cuningham deceased, whereas William Hatton &
Robert Graham were also Exec^rs of the last Will and testam^t of the
last Will & testam^t of the said John Cuningham deceased And no
Execution against the Goods of the said Walter in the hands of the
said Margarett ought to issue att the suite of the Execrs of the said
Cuningham, unless all the Exec™ are made parties to the suite And
the said Margarett saith that the said W^m Hatton & Robert Graham
Exec^rs aforesaid att the tyme of the obtaining of the judgm^t were

& still are aliue And this she is ready to averr, & therefore demands
judgm^t of the said Thomas & John as Exec^rs of the said Cuningham
Execution as aforesaid ought to have.

And the said Thomas & John say, that they ought not to be de-
barred from haueing Execution aforesaid, for that they say, that
the matter above in barr pleaded by the said Margarett is matter
accruing before the said judgment by consent of the said Walter
confessing the said judgment in his life tyme, whereby all advantage
of Error is taken away, & this they are ready to averr, & craves
judgm^t of the Court, & the said Margarett likewise And hereupon