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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 443   View pdf image (33K)
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MARYLAND COURT OF APPEALS 443

Henry his Exrs Admre or Assigns To the Which payment well and truly to be
made We Bind our Selves our and every of our heirs Exrs and Admrs Joyntly
and Severally firmly by these presents Sealed with our Seals and Dated this
Twenty Second of Anno Dom 1724.

The Condition of the above Obligation is Such That whereas an ap-
peale is granted at the request of the above Bounden John Eccleston from the
Judgment of the Provincial Court in an Action Commenced there at the Suit
of our Sovereign Lord the King that now is for Eight hundred Pounds Ster-
ling at the request of the Said John Eccleston on Hugh Eccleston his Testa-
mentary Bond to the High Court of Appeals Now if the Said John Eccleston
shall prosecute the Said appeale with Effect And Shall Sattisfye and pay unto
the above named Henry Ennalls all the Costs Damage and Charge he hath
been at or Expended in the Provl Court or that Shall be Occasioned by the
Said Appeale Unless it Shall be otherwise Judged by the High Court of Ap-
peals then the above Obligation to be void and of None Effect Else to be in
full force and Vertue.

Sealed and Delivered j Eccleston [Seale]
in the presence of J L J
Jno McClester N. Wright [Seale]
Alexr Carlyle Robeart Hart [Seale]
[643] And Whereupon It is Accordingly Agreed that a Transcript of the
proceedings be forthwith made and Sent to the High Court of Appeals Ac-
cording to the prayer afd.

In Testimony Whereof I have hereunto Set my hand and affixed the
Seale of the Provl Court this 24th Day of June Anno Dom 1724.

Vachel Denton Ct Cur Provin

And now here To Witt on the Second tuesday of July being the four-
teenth Day of the Same Month Anno Dom Seventeen hundred and Twenty
four Comes hereunto Court Dan* Dulany Esqr Attorney Generall of the
Right Honourable the Lord proprietary who for the Sovereign Lord the
King followeth Comes and Saith that in the Record and process afa and Ren-
dering the Judgment af" it is manifestly Erred Vizt It is Erred in this that
the Judgment afa is rendered for the Said Henry Against the Said Lord the
King whereas the Same Judgment ought to have been rendered for the Said
Lord the King to recover the Debt afd together With the Damages Occa-
sioned by the Detention of that Debt against the Said Henry Ennalls Where-
fore the Said Attorney Generall prays that the Judgment afd may be Reverst
and held for none and that Judgment be rendered for the Said Lord the
King for the Debt afa together with the Damages Sustained by the Detention
of that Debt

D Dulany.

And Whereupon the Same Second tuesday of July Anno Dom 1724 in
the Same Court Comes the Same Henry Ennalls by Thomas Bordley his At-


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 443   View pdf image (33K)
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