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Somerset County Judicial Records, 1760-1763
Volume 543, Page 66   View pdf image
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        March Court               1761                  66
Smith is Indebted unto Ephraim King and Thomas Wilson in the Sum of Six pounds Eighteen Shillings and ten pence half
half penny Curt Money of Maryland these are therefore in his Lordships Name to Authorise and Require you forthwith
to Issue an Attachment in the Name of the Said Ephraim King and Thomas Wilson Against the Goods and Chattles
Rights and Credits of the Said James Smith for the Said Sum and the Incident Costs Given under my hand and Seal this 20th day
of January 1761                                                                        Ephm. Wilson
   To the Clk. of Somerset Coty.
By Virtue of the above Warrant and Account proven was Issued the following Attachment
Somerset fst Frederick Absolute Lord and Propry of the Provinces of Maryland and Avalon Lord Baron of Baltimore
&c. To the Sheriff of Somerset County Greeting we Command you that you Attach Any the Goods Chattles and Credits of
James Smith Late of Somerset County planter if they Shall be found in your Bailywick to the Value of Six Pound Eighteen
and ten pence half penny Curt Money and Eight hundred pounds of Tobacco and when you have the Same Attached or any
part thereof the Same in your Custody Safe keep so that you have the Same before our Justices of our County Court of Somerset
to be held at Princes Ann Town the third Tuesday of March next then and there to be Condemned to and for the use
of a Certain Ephraim King and Thomas Wilson unless the Said James Smith by himself or his Attorney Shall Appear
And Answer unto the Said Ephraim King and Thomas Wilson in a plea of trespass upon the Case &c. According to Law &
that by good and Lawfull men of your Bailywick you make known unto the person or persons in whose hands you make
the Same Attachment that he She or they be and Appear before our Justices of our County Court of Somerset to be held
at Princes Ann Town afd. to Shew Cause if Any he She or they have why the Same Goods Chattles and Credits So Attached
in his her or their hands Ought not to be Condemned and Execution thereof had and made According to Act of Assembly
in Such Case provided if to him her or them it Shall Seem meet and how you Shall Execute this Writt that you make
known unto our Said Justices at the day and place afd. and have you then and there this Writt Wittness Isaac
Handy one of our Justices of our Said Court the 22d. day of November Anno Dom. 1760
                                                                        Thomas
      Att which Said Third Tuesday of March Came the afd. Ephraim King and ^ Ephraim ^ Wilson by William Hayward
their Attorney and the Sheriff to witt John Dennis Gent. now here Returned the afd. Writt of Attachment Indorsed
in manner following with a Schedule thereto Annexed
Somerset fst By Virtue of the within Writt to me directed I hereby Certifie the Justices within mentioned that on the 22d
of January 1761 I Attached Sundry of the Goods and Chattles of the within mentioned James Smith to the Amount
of five pounds ten Shillings Current money which I have Ready for the purposes within mentioned and that
I then at the County afd. within my Bailywick also Attached the Amount of the Residue of the debt and Costs
Attached Severally and the hands of John Kellum Joshua Whittington & John Carmichael and that I then &
there by John Graham and John Doe good and Lawfull men of my Bailywick made known to the Said
persons Severally to be and Appear at the time and place within mentioned to Shew Cause as within
Mentioned                                                So Answers         J Dennis Shf.
We the Subscribers being Qualified to Appraise the goods and Chattles Rights and Credits of James Smith Late
of Somerset County in Current money as followeth this 22d day of January 1761
To 1 Black Mare   ?4..0..0
To 1 old Horse     0..10..0    Whereupon the Said James Smith altho Solemnly Called to Shew Cause &c. Came not
To 1 Gun     1..0..0    but made default    Whereupon the afd. John Kellum and Joshua Whittington Garnishees

  ?5..10..0    of the afd. James Smith and the Said John Kellum in his proper person Came and Saith that
Wm. Nutter {Seal}
James Ackworth {Seal}    he Cannot deny but that he has of the Rights and Credits of the Said James Smith to the Value of
Richard Ackworth {Seal}    of Twelve Shillings and Six pence Curt Money of Maryland nor Can he Say but that the afd. Twelve
Day Givan {Seal}    Shillings and Six pence Curt Money of Maryland ought to be Condemned in his hands for the use of
the Said King and Wilson as of the Rights and Credits of the Said James Smith which the Said King and Wilson doth
not Gainsay &c.    Likewise the said Joshua Whittington Garnishee of the afd. James Smith by Samuel Wilson his Attorney
Comes and Saith that he Cannot deny but that he Has of the Rights and Credits of the afd. James Smith to the Value of
Two pounds five Shillings Current money of Maryland nor Can he Say but that the afd. Two pounds five Shillings Curt Money
of Maryland Ought to be Condemned in the hands of the afd. Joshua Whittington for the use of the Said King and Wilson
as of the Rights and Credits of the Said James Smith which the Said King and Wilson doth not Gainsay &c
                                                     Thomas
   Whereupon the Said Ephraim King and ^ Ephraim ^ Wilson by their Attorney afd. pray that upon their Giveing Security
According to Act of Assembly in Such Case provided the Severall Goods and Chattles so as afd. Attached and Valued at five
pounds ten Shillings Curt Money as Appears by the Appraisment afd. and also the Sum of Two pounds Seventeen

Shillings             



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Somerset County Judicial Records, 1760-1763
Volume 543, Page 66   View pdf image
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