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March Court 1762 126 Somerset fst Hope Hull Late of Somerset County Shipwright Otherwise Called I was Summoned to Answer unto Henry Lowes Jur. and Edward Waters Jur. Executors of the Last will and Testament of Tubman Lowes decd. of A plea that he Render them the Sum of Eight Pounds Curt money of Maryland which from them he Unjustly detains and So forth And Whereupon the Said Henry and Edward by George Hayward their Attorney Say that Whereas the Said Hope on the Sixteenth day of March in the Year of our Lord one thousand Seven hundred and fifty Seven by his Certain Bill Obligatory with the Seal of the Said Hope Sealed and to the Court here Shown the day whereof is the Same day and Year afd. Acknowledged himself to Owe and be Indebted unto the Said Tubman in his Lifetim in the Sum of Four pounds Curt Money of Maryland to be paid to the Said Tubman his heirs Exrs. Admrs. or Assigns to the true payment whereof the Said Hope did bind himself his heirs Exrs. and Admrs. in the Penal Sum of Eight pounds Curt Money of Maryland firmly by the Same Bill and the Said Henry and Edward in fact Say that the afd. Hope did not pay to the Tubman in his Lifetime as to the Said Henry and Edward after the death of the Said Tubman the afd. Sum of four pounds Curt Money afd. which he to have paid Ought According to the form force and Effect of the Bill Obligatory afd. by means whereof Action Accrewed to the Said Tubman in his Lifetime and to the Henry and Edward after the death of the Said Tubman to demand and have of the afd. Hope the afd. Sum of Eight Pounds Curt Money afd. Nevertheless the Said Hope tho often thereto Required the afd. Sum of Eight Pounds Curt Money afd. to the afd. Tubman in his Lifetime or to the Said Henry and Edward after the death of the Said Tubman hath not yet paid or to Either of them hath not paid but the Same to the Said Tubman in his Lifetime as to the Said Henry and Edward after the death of the Said Tubman to pay altogether hath Refused and Still do Refuse and Unjustly detain to the Manifest delay of the Execution of the Last will and testament of the afd. Tubman and to the Damage of the Said Henry and Edward Eight Pounds Curt Money of Maryland and thereof they Bring Suit and So forth And Bring here into Court the Letters Testamentary of the Said Tubman whereby it Sufficiently Appears to the Court here that the Said Henry and Edward are Executors of the Will of the Said Tubman afd. and thereof hath the Administration and So forth Pledges &c. J. Doe & R. Roe A Copy of the foregoing declaration was made and Sent to be Served on the deft. in order for Speedy tryall Att which day here Came the afd. Henry and Edward by their Attorney to witt Ephraim Wilson now here Returned that he had taken the afd. Hope Hull whose body here at this day he had Ready to Answer the afd. Henry and Edward Exrs. as afd. of the afd. plea as to him it was Commanded Whereupon the Said Hope Hull at the prayer of the afd. Henry and Edward is Adjudged to Give Special Bail to the Action afd. Thereupon a Certain William Willis of Somerset County Planter Present here in Court in his Proper Person undertook for the Said Hope Hull and Assumed upon himself that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said Edward and Henry Against the afd. Hope or that he the Said Hope Should be therein Convict that then he the Said Hope Should pay and Satisfie unto the afd. Edward and Henry the Judgment of the Court thereupon nor Render his body in Execution of Such Judgment to the Prison of the Sheriff of the County afd. in Satisfaction thereof or that he the Said William Willis will do the Same for him And the afd. Hope Hull by Samuel Wilson his Attorney Comes and defends the force and Injury when &c. And prays Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of March then next following and he hath it and the Same day is Given to the afd. Edward and Henry here also &c Att which day here Came as well the afd. Henry and Edward as the afd. Hope by their Attorneys afd. And hereupon the Said Hope as before defends the force and Injury when &c. And Saith that |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 126 View pdf image |
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