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14 not held but have Broken the same in that the aforesaid Thomas Gerard the Elder his heyres Exec.rs and Adm.rs would warrant the aforesaid Manno.r of Westwood And the Aforesaid Four hundred Acres of Land Called the Meadows And Every part thereof to be free and Cleare and freely and Clearly Acquitted Exonerated and Discharged from all and all manner of Jointures Dowers Titles of Dowers Mortgages former Grants Claimes or incumbrances whatsoever (Except before Excepted) to him the said Thomas Gerard the Younger his heyres and Assignes for Ever And the said Rose and John the Covenant aforesaid to him the said Thomas Gerard the Younger doe Still Deny to hold Whereupon he Saith he is damnified and hath losse to the Vallue of Sixty Thousand pounds of Tobacco ^and thereupon he bringeth his suite^ And the said Rose and John Gerard by Vincent Low theire Attorney come &c And Say they are not bound by the law to hold Covenant with the Said Thomas as Above is Against them Supposed for that the said Rose and John have paid and are Engaged by bills to pay out the said Estate of Thomas Gerard Esq.r Deceased more then the personall Estate of him the said Thomas Deceased doe Amount unto And have or will Come to theire hands as Exec.rs of him the said Thomas Deceased And of this they putt themselves upon the Country And the Said Thomas Saith that he Ought not to be debarred from haveing his Accon aforesaid Against them the said Rose Gerard and John Gerard for that he Saith that they the Said Rose and John have not fully Administred and payd Out of the Estate of the said Thomas Gerard Deceased nor are indebted by debts of A higher nature beyond what Assetts are Come to the hands of them the said John and Rose And of this he puts himselfe upon the Country and the defendants likewise Therefore Comand is Given to the Sheriffe of S.t Maryes County that he Cause to Come here Twelve &c by whom &c who neither &c because as well &c to Recognize &c Nowhere att this day to wit the Fifteenth day of Feb.ry in the forty third Yeare of the Dominion of Cæcilius &c Came the Said Thomas Gerard by his Attorney and the Said Rose and John Gerard by theire Attorney And the Jurors of that Jury Came likewise to wit John Balley John Lewellyn Richard Ackworth Morgan Jones Henry Rider John Hunt Thomas Doxey John Doxey Joseph Edloe Richard Ball Thomas Courtney & Stephen Merty who being impannelled Sumoned & Sworne to Speake the Truth of and in the premisses upon theire oathes doe Say they find for the plaintiffe Five and Thirty Thousand pounds of Tobacco Therefore it is Considered of by the Court here that the said Thomas Gerard Recover of the Estate of the Said Thomas Gerard Esq.r deceased the said sume of Five and Thirty Thousand pounds of Tobacco for his Damages occasioned by the Trespasse aforesaid as alsoe the Sume of Two Thousand & Eight pounds of Tobacco for his Costs and Charges in this Suite Expended Whereupon it was Comanded to the Sheriffe of S.t Maryes County that of the Goods Chattells or Creddits late of Thomas Gerard Esq.r Deceased if they Should be found in his Balywick he Cause to be made as well the sume of Thirty five Thousand pounds of Tobacco A Certain Debt Recovered against John Gerard and Rose Gerard Exec.rs of the last will and Testament of the said Thomas Gerard Esq.r by Thomas Gerard Gentl at A Provinciall Court held att the Citty of S.t Maryes the Fifteenth day of Feb.ry now last past whereof they are Convict as alsoe the Sume of Two Thousand and Eight pounds of Tobacco more for his Costs and Charges in that behalfe laid Out and Expended and when he had the Same soe made or any part thereof the same to deliver to the said Thomas Gerard or his Order And that he make Knowne to his Lordpps Justices here of the Execution of the same writt Now here at this day to wit the Fourth day of May in the Three and Fortyeth yeare of the Dominion of Cæcilius &c the same Sheriffe maketh returne of the writt aforesaid that he hath Executed of the Credditts late of Thomas Gerard Esq.r deceased the sum of Fourteene hundred pounds of Tobacco being part of the Said Sume whereupon the said Thomas Gerard by Robert Carvile his Attorney then prayed an Elegit against the Goods and Chattells lands & Tenements for the remainder of the Debt and Costs aforesaid according to the forme of the Statute in that Case made and Provided And it is Granted unto him here Afterwards to with the Thirteenth day of September Anno Donn One Thousand Six hundred Seaventy and Six his Lordpp the Lord Proprietary sendeth his writt to the Sheriffe of S.t Maryes County to the tennor whereof followeth in these words (viz) Charles Absolute Lord & Proprietary of the Provinces of Maryland and Avalon (Lord |
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Provincial Court Land Records, 1676-1700
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