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August Court 1723
108 he hath it and the same day is Given to the plft also Att which said next Court to witt the Eighteenth day of June ann.o Dom One thousand seven hundred and twenty three Comes again as well the said plft by her attorney afd as the said deft by his attorney afd and the said deft by his said attorney prays further Leave to Imparle hereunto untill the next Court and he hath it and the same day is given to the plft also Att which said next Court to witt the twentyeth day of august ann Dom One thousand seven hundred and twenty three Comes again as well the said plft by his attorney afd as the said deft by his attorney afd and the said deft by his said attorney as before defends the force and Injury when &.c and says that the afd Lady Baltemore her action afd against him brought not ot have because he says that the afd William Stevens in his Lifetime paid the afd Lord Baltemore upon the afd tenth day of October next Ensueing the date of the Bill afd the afd three thousand pounds of ^tobacco^ which he upon the same day ought to pay according to the form and Effect of the Bill afd viz.t at Coventry Parish in Somersett County afd and this he is ready to verifie whereof he prays Judgm.t if the afd Lady Baltemore her action afd against him Ought to have &.c Levin Gale P Defte And the afd Margarett Lady Baltemore saith that she by anything by the said Thomas above in his plea alledged from having her action afd Ought not to be Barred because she saith that the afd William Stephens in his Lifetime did not pay ^to^ the afd Lord Baltemore in his Life time the afd three thousand pounds of tobacco and Cask upon the afd tenth day of october next Ensueing the date of the Bill afd at Coventry parish in Somersett County afd according to the form and Effect of the Bill afd as the afd Thomas above in pleading hath alledged and this she prays may be Enquired of by the Country &.c F Allen P Qrte And the deft in Like manner L Gale P Defte Therefore Command is Given to the sherr of Sommersett County that Immediately he Cause to Come here twelve &.c by who &.c who neither &.c to recognize &.c Because as well &.c of which said preceipt the said sherr to witt Joseph Macclester Gentl Now here at this day to witt the twentieth day of august ann Dom One thousand seven hundred & twenty three afd makes return that he has here ready twelve &.c as by his said Preceipt he was Commanded and now here afterwards to witt the same day and year Comes as well the said plft as the said deft by their attorneys afd and the Jurors of that Jury Impannelled Being Called Come to witt Richard Holland John Beavens, John Fleming, Jonathan Raymond, Charles Townsend, John Tull, John Gillett, Thomas Collins, John Turvell, John Williams, Robert Mitchel, William Waltom who being duely Elected tryed and sworn to say the truth in the premisses upon their Oath do say that the afd William Stephens in his Lifetime did pay unto the afd Lord Baltemore in his Lifetime the afd sume of three thousand pounds of tobacco in the Bill Obligatory ^afd^ mentioned &.c 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 Executrix of the same Charles Lord Baron of Baltemore &.c take nothing before Writt and declaration afd but be in mercy for her falce Clamour and that the said Thomas Layfield son & heir as afd Goe thereof without day &.c Whereupon the said Margarett Lady Baltemore Exrx as afd by her attorney afd prays an appeall from the Judgm.t of this Court in the action afd to the Justices of the provinciall Court to be held at the City of annapolis the second tuesday of September next which is granted she giveing Bond for the due prosecution thereof according to Law which Bond is as follows viz Know all men by these presents that I John Caldwell of Somersett (County) |
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Somerset County Judicial Records, 1723-1725
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