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June Court 1763 233 Unto Henry Lowes Junr and Edward Waters Junr Executors of the Last will and Testament of Tubman Lowes deceased of a plea that he render them the sum of eight pounds current money of Maryland which from them he unjustly detains & So Forth And Whereupon the said Henry and Edward by Geo. Hayward their Attorney say that whereas the afsd. Isaac on the seventh day of August Anno Dom. MDCCLIX at the county afsd. by his certain Bill obligatory sealed with the seal of the said Isaac and to the court now here shews the date whereof is the same day & year afsd. acknowledged himself to owe and be Indebted unto the said Tubman Lowes in his Lifetime in the sum of four pounds three shillings and eight pence half penny Current money of maryland to be paid to the said Tubman Lowes or to his heirs Executors adminstra -tors or assigns when ever he the said Isaac should be thereto afterwards required and for the true payment thereof the said Isaac then & there bound himself his heirs Executors and ad -ministrators in the penal sum of eight pounds Current money of Maryland firmly by the said Bill and the said Henry and Edward in fact say that the afsd. Tubman in his Life time to wit on the day of the date of the said Bill at the county afsd. did request the said Isaac to pay unto him the said Tubman the afd Sum of four pounds three shillings and Eight pence half penny current money of maryland which he the said Isaac then & there to do altogether Refused and the said Henry and Edward further in fact say that they since the death of the said Tubman to wit on the Tenth day of May Anno Dom. MDCCLXIII at the county afd did request the afsd. Isaac to pay unto them the afsd Sum of four pounds three shillings and eight pence half penny Current money of maryland which he then and there to do altogether refused by means whereof action hath accrued to the said Tubman in his Life Time and to the said Henry and Edward after the death of the said Tubman to require and have of the said Isaac the afsd. sum of Eight pounds current money Of Maryland Nevertheless the said Isaac tho often thereto requested hath hitherto alto -gether refused to pay the afsd sum of eight pounds Current money afsd. to the afsd Tubman in his Life Time or to the said Henry and Edward after the death of the said Tubman, and still doth refuse to pay the same to the said Henry and Edward to the manifest delay of the Execution of the Last will & Testament of the said Tubman and to the damage of the said Henry and Edward Eight Pounds current money of Maryland and thereof they bring Suit & So forth and bring here into court the Letters testamentory whereby it sufficiently appears to the court here that the said Henry & Edward are the Executors of the Last will & Testament of the said Tubman and thereof have administration & So Forth pledges &c J Doe & R Roe A Copy of the foregoing declaration was made & sent to be served on the deft. in order for speedy tryall Att which day here came the afd Henry Lowes & Edward Waters by George Hayward their Attorney and the sheriff to wit Ephraim Wilson now here returned that he had taken the afsd. Isaac Dashiell whose body here at this day he had ready to answer the afd Henry and Edward of the plea afsd. as to him it was commanded & further the same sheriff returned that he had served the afsd. Isaac with a copy of the foregoing declaration according to act of assembly in such case provided &c. And the afsd Isaac Dasheill In his proper person comes & defends the force and Injury when &c and says that he cannot deny the action afsd. of the afsd. Henry Lowes & Edward Waters (nor but that the writing obligatory afsd. is the deed of him the said Isaac Dasheill) nor but that he owes the afsd. Henry, and Edward, the afsd. Eight pounds in manner and form as the afsd. Henry & Edward above against him have declared Therefore it is considered that the afsd. Henry Lowes and Edward |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 233 View pdf image |
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