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Somerset County Judicial Records, 1760-1763
Volume 543, Page 72d   View pdf image
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              March Court                 1761            72
WH    Mary Ennals & Wm. Ennals

   Exrs. of Jso. Ennals

@    Command was given to the Sheriff of Somerset County that he Should Take Benjamin
SW    Benja. Hardy    Hardy Late of Somerset County planter Otherwise Called I Benjamin Hardy of Somerset County in
the province of Maryland if he Should be found in his Bailywick and him Should Safe keep so that he might have
his body before the Justices of his Lordships County Court of Somerset to be held at Prince Ann Town in and for
the County afd. the third Tuesday of March Anno Dom. one thousand Seven hundred and Sixty One to Answer unto
Mary Ennals Executrix and William Ennals Executor of the testament and Last will of Joseph Ennals (of Dorchester
County decd) of A plea that he Render unto them the Sum of thirty one pounds five Shillings and Two pence Curt. Money of
Maryland which from them he unjustly detains and So forth And the Same day is given to the afd. Mary and Wm. here &c
        Att which day here Came the afd. Mary and William Ennals Exrs. as afd. by William Hayward their Attorney and
the Sheriff to witt John Dennis Gent. now here Returned that he had taken the afd. Benjamin Hardy whose body here at this
day he had Ready to Answer the afd. Mary and William Ennals Exrs. as afd. of the afd. plea as to him it was Commanded
           Whereupon the Said Mary Ennals and William Ennals Exrs. as afd. declared Against the afd. Benjamin Hardy in
the plea afd. in form following       Somerset fst Benjamin Hardy Late of Somerset County planter Otherwise Called I Benjamin
Hardy of Somerset County in the province of Maryland planter was Summoned to Answer unto Mary Ennals Executrix
and William Ennals Executor of the Last will and Testament of Joseph Ennals of Dorchester County deceased of A plea
that he Render them Thirty one pounds five Shillings and Two pence Curt. Money of Maryland which to them he
unjustly detains and So forth       And Whereupon the Said Mary and William by William Hayward their Attorney Says that
whereas the Said Benjamin in the Lifetime of the afd. Joseph to wit on the Twenty Seventh day of July in the year of our Lord
One thousand Seven hundred and fifty four at Dorchester to wit at Somerset County afd. by his Certain Writing Obligatory
which the Said Joseph with the Seal of the afd. Benjamin Sealed here into Court doth Bring the date whereof is the Same day
And Year afd. Acknowledged himself to be held and firmly bound unto the Said Joseph in his Lifeitme in the afd. Sum
of thirty one pounds five Shillings and Two pence Curt Money of Maryland to be paid to the Said Joseph Ennals his heirs
Exrs. Admrs. or Assigns when he the Said Benjamin Should be thereto Afterwards Required Nevertheless the Said
Benjamin altho often Required the afd. Sum of thirty One pound five Shillings and Two pence Curt Money afd. unto the afd.
Joseph in his Lifetime or unto the afd. Mary and William or to Either of them Since the death of the Said Joseph hath not
paid but the Same to them or Either of them to pay hath Refused and Still doth Refuse and unjustly detain to the
Manifest delay of the Execution of the Last will and Testament of the afd. Joseph Whereupon the said Mary and William
Say they have Damage to the Value of thirty One pound five Shillings and Two pence Curt. Money of Maryland and
thereof they Bring Suit and So forth And Bring here into Court the Letters Testamentary of the afd. Joseph by which it
fully Appeareth to the Court here that the Said Mary is Executrix And the Said William Executor of the Last will and
Testament of the afd. Joseph and have thereof Administration &c.                     Pledges &c. J: Doe & R. Roe
        Whereupon the Said Benjamin Hardy at the prayer of the afd. Mary and William Ennals Exrs. as afd. is Adjudged to
give Special Bail to the Action afd. Thereupon a Certain William Giles, Solomon Harris, William Harris and Joseph Holder
of Somerset County planters present here in Court in their proper persons undertook and Each of them undertook for the
Said Benjamin Hardy that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said Mary &
William Ennals Exrs. as afd. Against the afd. Benjamin Hardy or that he the Said Benjamin Hardy Should be therein
Convict that then he the Said Benjamin Should pay and Satisfie unto the afd. Mary and William Ennals Exrs. as afd.
the Judgment of the Court thereupon or Render his Body in Execution of Such Judgment to the prison of the Sheriff of the
County afd. in Satisfaction thereof or that they the Said Wm. Giles, Solomon Harris, Wm. Harris and Joseph Holder and Each
of them will do the Same for him &c
           And the afd. Benjamin Hardy by Samuel Wilson his Attorney Comes and defends the force and Injury &c. And Saith
that he Cannot deny the Action afd. of the afd. Mary and William Ennals Exrs. as afd. nor but that the Writing Obligatory afd. is
the deed of the Same Benjamin nor but that he Owes the Detains from the afd. Mary and William Exrs. as afd. the afd. thrity one
pound five Shillings and Two pence Curt Money in Manner and form as the afd. Mary and William Exrs. as afd. Above Against him
have declared    Therefore it is Considered that the afd. Mary and William Ennals Exrs as afd. Recover Against the afd.
Benjamin Hardy his debt afd. and his Damages by Occasion of the detention of that Same debt to
273                    Pounds of Tobacco to the Same Mary and William Exrs. as afd. of their Assent by the Court here Adjudged And the
afd. Benjamin in Mercy &c.       with Stay of Exn untill August Court &c


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Somerset County Judicial Records, 1760-1763
Volume 543, Page 72d   View pdf image
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