28 Journal of the State Council, 1784-1789.
Tuesday 19th. April 1785
The Council met.
Present His Excellency William Paca Esquire Governor.
The Honorable
Aquila Paca, John Davidson and Samuel T. Wright Esquires.
The Council adjourned 'till tomorrow morning 11 o'clock.
Wednesday 2Oth. April 1785
The Council met.
Present as on Yesterday.
On Consideration of Mr. Clement Sewell's Claim as Administrator
of Mrs. Smith and the Obligation he has produced executed by
Mr. Chalmers on which he founds the said Claim it appears that
he has mistaken the Nature and Object of Mr. Chalmer's Obligation.
Mr. George Smith owed Mr. Chalmers £1012-10-2 this Balance is
declared to be due and owing and endorsed upon the Obligation,
which Declaration and Indorsement on the Bond is conclusive Evi-
dence of the Debt from Smith to Chalmers. To pay this Debt Smith
assigns to Chalmers Mr. Corr's Mortgage of Lands in Jamaica. Mr.
Smith also owed £1087-10-0 to the Swifts. To pay the latter Debt
Mrs. Smith having an Estate of her Own in Pennsylvania called
Landau agrees to Mortgage the same for Swifts Debt on the
[p 33] prospect of Reimbursement out of Corr's Mortgage which
was assigned to Mr. Chalmers. Mr. Smith therefore takes Mr.
Chalmers Obligation to pay her the Surplus of Corr's Mortgage after
discharging his own Claim of f 1012-10-0 Current Money aforesaid,
So that Mr. Chalmers's Obligation does not appear as intended to be
an Obligation of Indemnity to Mrs. Smith for Mortgaging her
Estate for Swifts Debt but merely an Obligation to account for the
Surplus of Corr's Mortgage if any, after paying his own Debt as
aforesaid. From the Language in the Obligation, it seems Mrs.
Smith had no Doubts of the sufficiency of the Surplus: but from an
Account produced of the Monies due and received on Corr's Mortgage
there does not appear to be enough even to pay Mr. Chalmers own
Debt. The Claim therefore of Mr. Sewell as Administrator afore-
said is not admissible.
The Council adjourned 'till tomorrow morning 11 o'clock.
Thursday 21st. April 1785
The Council met.
Present the Honorable
Aquila Paca, John Davidson and Samuel T. Wright Esquires.
The Council adjourned 'till tomorrow morning 11 o'clock.
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