Volume 557, Page 953 View pdf image (33K) |
953 Kent fs To y.e Justices of Kent County Courtt sep.tr y.e 12.th 1685 Bee it Remembred that y.e Complaints of James Ringgold obtained the Judgments in this Courtt Against Estate of Samuel Tovey Late Deceased bearing Date y.e Ninth Day of Decem.br in y.e yeare 1684 amounting in y.e whole to y.e sume of 32480 pounds of tobacco & Execuco Awarded thereupon & Delivered to Edward Sweatnam High sheriffs of Kent County Butt so it is That y.e s.d sherieff Maliciously falsly & Wickedly mannaged y.e s.d Executions Contrary to y.e Lawes & Customs of ou.r Pation refuseing to Impannell A jury of Enquest to appraise y.e goods of y.e s.d Tovey attending to y.e Law in such Cases made & Provided but Appraised y.e s.d goods by y.e oaths of two men by name Richard Lowder & Morgan Jones who Appraised y.e s.d Goods at Double y.e Vallew & Refused to take them at y.e price And y.e s.d sheriff Did not Deliver Quiett & faire Psesion of y.e p.rmisses yett y.e following Court y.e s.d sheriffs impudently Returned his Coxits to y.e s.d Courtt is if they had been Really performed at w.ch time y.e Complain.t refused to Accep.t of y.e Returne of y.e s.d writt upon which y.e s.d Justices y.e s.d sheriff to goe againe to y.e p.rmisses & give Quiett possesion to y.e Complain.t is he had before p.rtended & goeing to y.e place y.e s.d sheriff found Oppossition Returned to yo.u y.e s.d Justices againe & Comanded to assist him in y.e Delivery of y.e s.d p.rmisses by force of his Posse Comitas who performed y.e same & Care along w.th y.e s.d sheriff & severall other g.d people p.rsent at w.ch Returne y.e s.d Sweatnam Demanded possesion of Thomas Joce And Ann his wife Adm.rx of all & singuler y.e goods & Chattels of y.e s.d Tovey Late Deceased who Refused to Deliver Whereupon y.e s.d sheriff forceably turned y.e s.d Joce & Ann his wife out of one small Dwelling house and gave Possesion thereof as also one house Called y.e Quarter Leaving y.e s.d Joce & his wife in Possesion of y.e great Dwelling house and all other y.e p.rmises but p.rsented a full Delivery Thereof afterwards & would proceed no farther But y.e said Sweatnam & Joce some time after went to S.t Maries & brought up w.th them A writt of Erro.r & supersedeas under y.e great seale of this Province thereby Destroying y.e Complain.ts Executions to y.e great Disnono.r of y.e Right y.e Lord Prop.ry of this Province his good Rule & Dignity & Lesse Damage terour & Amazement of me y.e Complain.t as also all other good people of this Province truly understanding the same y.e act Done being repugnant to y.e Lawes of England And flatt in y.e face of that statute made in y.e s.d of K: James Ch: 8 10th w.ch follows in these woords No Execution shall be signed upon any writt of Erro.r or any supersedeas thereupon for y.e Reversing of any Judgm.t in any action of Debt Unless the pl.t w.th two sufficient sureties such as y.e Courtt shall like off shall be first bound to y.e party for whome such Judgm.t is given by Recognizance in y.e same Courtt in Double y.e sume Adjudged to |
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Volume 557, Page 953 View pdf image (33K) |
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