Volume 543, Page 72d View pdf image |
March Court 1761 72
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 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 |
|||||||||||||
Volume 543, Page 72d View pdf image |
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.