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Somerset County Judicial Records, 1723-1725
Volume 839, Page 107b   View pdf image
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       August Court            1723        107
And the said Margarett Lady Baltemore Saith that the plea afd of the afd Rachel above pleaded and the matter in
the same Contained is not sufficient in Law to preclude her the said Margarett Lady Baltemore from haveing her
action afd against the afd Rachel and that she to that plea in manner and form afd pleaded hath ne need nor
by the Law of the Land is she held to answer and this she is ready to verifie wherefore for want of a sufficient
plea in that part the said Margarett Lady Baltemore prays Judgm.t and her debt afd together with her damages
by Occasion of the detaining of her said debt to her to be adjudged &.c F Allen P Qrte
       And the afd Rachel for that she sufficient matter in Law to Preclude the afd Margarett Lady Baltemore from
having her action afd against her the said Rachel above in pleading hath alledged which she is ready to verifie
which said Matter the afd Lady Baltemore doth not Gainsay nor to it in any wise answer but that verification to
admitt altogether refuses as before prays Judgm.t and that the afd Lady Baltemore from haveing her action afd
against her the said rachel may be Precluded &.c    G Dashiell P Defte
       Whereupon all and singular the premisses by the Court here being seen heard and fully understood and
mature deliberation thereupon ha it seems to the Court here that the plea of the afd Rachell in manner and
form afd above pleaded and the matter in the same Contained are good and sufficient in Law to Bee and preclude
the afd Margarett Lady Baltemore from her action afd against the ^afd^ Rachel to have or maintain
       Therefore it is Considered by the Justices here the twentieth day of august ann Dom one thousand
seven hundred and twenty three afd that the said Margarett Lady Baltemore Exrx of the same Charles Lord Baron
of Baltemore &.c take nothing by her writt and declaration afd but be in mercy for her falce Clamour and that the
same Rachel Evans Exrx of the afd John Huett goe thereof without day &.c
   Whereupon the said Margarett Lady Baltemore Exrx as afd by her attorney afd prays an appeal from the
from the Judgm.t of this Court in the action afd to the Justices of the provincial Court to be held at the City of annapolis
the second tuesday of September next which is Granted she Giveing Bond according to Law for the due prosecution
thereof according to Law which Bond is as follows vizt
Know all men by these presents that I John Caldwell of Somersett County in the province of maryland Gentl
attorney in fact for the right honourable Margarett Lady Baltemore Widdow and Exrx of the Last will and testam.t
of the right honourable Charles absolute Lord and proprietary of the provinces of maryland and avalon Lord
Baron of Baltemore &.c Lately dec.d am held and firmly Bound unto rachel Evans of the said County Gentle woman
in the full and Just sum of seven hundred and twenty Eight pounds of good sound Merchantable Leafe tobacco
in Cask to Contain the same to be paid unto the said Rachel Evans her heirs Exrs admrs or assignes to the which
Payment well and truely to be made I bind my selfe my heirs Exrs and admrs firmly by these presents sealed w.th
my seale and dated this 20.th day of august ann Dom 1723
       The Condition of the above Obligation is such that whereas the said John Coldwell as attorney in fact for the
said right honourable Margarett Lady Baltemore hath appealed from a Judgm.t given against her on ^the^ Behalfe of
the said Rachel Evans this present twentieth day of august at the County Court of his Lordships held for Somersett
County afd at Dividing Creek if therefore the said John Coldwell on the Behalfe of the said Margarett Lady
Baltemore shall psue the directions of the act for regulating Writts of Error and granting appeals at the
Next Provinciall Court to be held at annapolis for the province of Maryland the second tuesday in September
Next and prosecute the same appeall with Effect and also satisfe and pay the said Rachell Evans
                                                                                                                                        (her)
      


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Somerset County Judicial Records, 1723-1725
Volume 839, Page 107b   View pdf image
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