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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 502   View pdf image (33K)
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502 MARYLAND COURT OF APPEALS

to order the Sd Cockey to be released therefrom by Injunction Supersedeas
or Otherwise who was thereupon pleased to make an Extraordinary Order
as this Defendant took it for an Injunction to Superseede the Said Execution
and release the body of the Sd Cockey therefrom on his Lodging his Own Bills
of Exchange for the money and his promissary Note for the Tobacco Dam-
ages and Costs recovered by the Judgment first above mentioned Untill the
Matter Should be heard in Equity or made Some order in Substance or to the
Effect as above which tho this Defendant has Seen Yet cannot Remember
the form thereof but refers to the proceedings of the Court therein which this
Defendant has often Enquired of the Register for but Could never yet ob-
tain a Copy of it that he can find and thereupon the Sd Thomas Cockey as this
Defendant believes and hopes to prove drew a Set of Bills of Exchange One
of which this Defendant believes he Delivered up to the Said Cockey after
protest thereof on taking new bills another he Sent to England that was not
returned him and the third is yet in the Defendants hands in these words
and figures following Vizt Annapolis May the Second 1721 Excha for £600...
0... 0... At forty Days Sight of this my third of Exchange my first and Second
not paid pay or Cause to be paid unto Gilbert Powlson or order the Sum of
Six hundred Pounds Sterling money being So much of your Effects Con-
demned in the hands of your humble Servant Thomas Cockey. To Mr Jona-
than Forward Merchant in London Bay the Contents to Thomas Bordley
or Order for Value reced Gilbert Powlson. Pay to Mr Micajah Perry or
Order the Contents Thomas Bordley But this Defendant for better Ascer-
taining the Substance of the Sd order for Injunction beg leave to referr to
the prayer of the Complts Bill directed to Collo Richd Tilghman then Chan-
cellor and filed Against the Said Powlson wcn by a Copy thereof in this De-
fendants hands [696] He finds to be thus Vizt Your Orator humbly prays
upon his giveing Such further Security as your Honour Shall think Reason-
able in the Case a Supersedeas may be granted to the Execution So as afd
unjustly and by Surprize Obtained an Injunction to Stay the Sd money and
Tobacco in the hands of the Sd Sherriff untill your Honour on hearing the
Case Shall be pleased to give further Directions therein by all which (as the
Defendant humbly Conceives it appears that the Sa Judgment at Law against
Forward Was Executed and that Execution Satisfyed to Powlson by Cockeys
bills and Note afd and Cockey released from Execution thereupon but that
the Sd Bills and Note Were Stayed in the hands of the then Sherriff Stephen
Warman on pretence that the Complainant had Cause of Equity Untill the
Case Should be heard in Equity and further Directions given therein which
Seems to be the Utmost that the Complainant prayed for and this Defendant
has heard and believes the Sd Bills and Note were Continued in the hands of
Stephen Warman Gent Then Sherr According to the Complainants Prayer
Untill the first Day of March 1722 at wcl) time (as it appears by an Attested
Copy from the Late Register of the Chancery Court in this defendants hands


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 502   View pdf image (33K)
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