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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 169   View pdf image (33K)
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MARYLAND COURT OF APPEALS 169

in this behalf prosecuteth as the said Grace Mitchell and Daniell Phillips
Administrators as aforesaid by their Attorney aforesaid and the said Grace
and Daniel Administrators as aforesaid by their Attorney further leave to
Imparle hereunto untill next Court and they have it and the same day is
given to the said [249] William Bladen her Majestys said Attorney Generall
who for her said Majesty in this behalf e prosecuteth alsoe.

Att Which said next Court to witt the fourteenth day of Aprill Anno
Domini 1713 come againe as well the said William Bladen her Majestys said
Attorney Generall who for her said Majesty in this behalf prosecuteth as the
said Grace Mitchell and Daniell Phillips Admrs as aforesaid by their attorney
aforesd and the said Grace Mitchell and Daniell Phillips admrs as afd by
their Attorney aforesaid come and say That the aforesaid Writt of Scire
facias in forme aforesaid brought is not sufficient in Law for the aforesaid
William Bladen on the behalf of our said Lady the Queen to have Execu-
tion against them the said Grace and Daniell for the debt aforesaid to be
leavyd of the goods and Chatties which were of the said Henry Mitchell de-
ceas'd to which Scire facias the said Grace and Daniell have no need nor by
the law of the land are obliged to answer and this they are ready to Verify
wherefore for that the same Writt of Scire facias is not legally brought and
is insufficient in law the same Grace and Daniel pray Judgment and that the
aforesaid William Bladen from having Execution for our said Lady the
Queen against them for the debt and costs aforesaid to be leavyd as afore-
said May be barred etc. Yet notwithstanding the said Grace Mitchell and
Daniell Phillips Admrs as aforesaid by their Attorney aforesaid To witt the
24th day of Aprill aforesaid in the same Court or terme produce to the Court
here her Majestys Writt of Error the Tenour Whereof follows in these
words Vizt

MARYLAND ss. Anne by the Grace of God of Great Brittain France and
Ireland Queen defender of the faith etc. To our trusty and Welbeloved Wil-
liam Holland Esqr chief Justice of our Provinciall Court of Maryland Greet-
ing because in the record and process and alsoe in the rendring of Judgment
of A plea of Debt which was in the Provinciall Court of our Dear brother
the Lord William the third Late King of England etc. before John Hamond
and his Associates late Justices of the said late King of the same Court in the
Eighth year of the reigne of the said late King Anno Domini Sixteen hun-
dred Ninety Six by Writt betwixt our late Royall predecessors King William
and Queen Mary etc. [250] Plantiffs and Henry Mitchell (now deceas'd) de-
fendant of A certain debt of One thousand pounds Sterling which the said
Late King in the same his late Majestys Court before the said John Ham-
mond and his Associates aforesd recover'd against him the said Henry
Mitchell in the plea aforesaid as it is said Manifest Error has hapened to the
great damage of Grace Mitchell and Daniell Phillips of Calvert County


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 169   View pdf image (33K)
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