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March Court 1716 188 (of his Lands and Chattells to be made or the afd John Hodges to render himself ought not according to ye forme of ye Recognition Prred if to him it Shall Seem Expedient and have yo. there ye names of those by whom— to him you make known and also this writ Witness Edward Scott~. Gent one of our Justices of our Said Court this 26th day of November in the Second Year of our Dominion &ca. Anno Dom 1716 TBowne pr Qu[er] ——— Jams Smith Clk Att which Said next Court vizt. the nineteenth day of March the day of— return of Said writ Came William Frisby Gent high Sherf of Same County And made return thereof in these words thereon endorsed as folls vizt To the Justices within mentioned I certifie that I have made known unto the within Wm Glanvill Special baile of the within John Hodges — that he be and appear at ye time & place within mentioned to Shew - cause if any he have why Judgment Shall not be rendered against him for the Judgment & Cost within Specified to Satisfie unto ye within named George Hill before Michael Hackett & Richard Simmonds good & Lawfull men and my Bailywick as ye within writ Exacteth & requireth pr Wm Ffrisby Sherf Att which Said Court the afd William Glanvill by John Johnson his attry appeared to the above writ of Sciri facias and Pleaded as folls viz And the afd Wm by John Johnson his attry comes & Says that the afd Plt Execution of the afd Judgment for the Said Sume of Six pounds — twelve Shillings Currant money as afd as also the Sume of Eleaven hundred & Twenty nine pounds of Tobacco obtained against the Said John Hodges as afd ought not to have because he Saith that before the Plts Issueing out of his writ of Capias ad Satisfaciendum against the Said John Hodges to wit the tenth day of August in the Year of our Lord one Thousand Seven hundred & Sixteen at the Parish of St. Pauls in the County afd & within the Jurisdiciõn of this Court the Said John Hodges dece[ased] & departed this naturall life whereby the Said Judgment & the process thereon —— obtained is wholly vacated & made void & abated & that there is no Such Person as the afd John Hodges in being and this he is ready to verifie - wherefore he prays Judgment if Execution ought to be awarded &ca. Johnson pr Deft —— And the afd Plt by his attrney Saith that he by any thing by the afd Deft above in pleading aledged from haveing Execution of the afd Six pounds - twelve Shillings and also the Sume of Eleaven hundred and twenty nine pounds of Tobacco to be barred ought not because he Saith that the afd John Hodges did not die or depart his naturall life before the— Issuing our of the afd Geroge Hills above Mentioned writ of Capias — ad Satisfaciendum~ against the Said John Hodges and this he prays may be |
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Kent County Court, Proceedings, 1716-1718
| Volume 767, Page 188 View pdf image |
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