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Somerset County Judicial Records, 1723-1725
Volume 839, Page 171   View pdf image
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March Court          1723                  171
thousand seven hundred & twenty three Come again the partys by their attorneys afd and the said deft
by his said attorney prays fur as before defends the force & Injury when &c and saith that the afd
Burton in his Capacity afd his action afd thereof against him the said Robert in his Capacity
afd to have and maintain ought not because he saith that the afd Burton the twenty fifth
day of may ann Dom one seventeen hundred and twenty three Exhibitted his bill afd ag.t
the said Robert and that he the same Edward in his Lifetime at any time within six
years next before the Exhibitting the Bill afd did not assume upon himselfe in manner
and form as the afd Burton above against him hath Complained and this he the afd Robert
is ready to verifie wherefore he prays Judgm.t if the afd Burton in his Capacity afd his action
afd thereof against him the said Robert in his afd Capacity to have & maintain ought &c
                                                                                        Tazewell P Deft
The plft Demurs Levin Gale & ye Deft Joynes in Dom   Tazewell P Deft
       Whereupon all and singular the premisses by the Court her seen heard and fully understood
and mature deliberation thereupon had it seems to the Court here that the plea afd by him the
said deft in manner and form afd above pleaded and the matter in the same Contained are
not good and sufficient in Law to Barr and preclude the afd plft from haveing his action
afd against him the said deft
                Therefore it is Considered by the Justices here the seventeenth day of march ann Dom
one thousand seven hundred & twenty three afd that the said William Burton Executor of the same
ann Alexander Recover against the said Robert Martin adm.r of the same Edward Martin as
well the sum of five pounds fourteen shillings sterr ^money^ Certain damages by occasion of the premises
369   afd as also the sum of Three hundred & sixty Nine                                          pounds of tobacco
by the Court here adjudged unto him for his Costs and Charges by him abut about his suite in this
behalfe Laid Out and Expended to be Levied of the goods and Chattells which were of the
said Edward Martin at the time of his death in the hands of the said Robert Martin adm.r
as afd remaining to be administred if so much thereof in his hands he hath &c and if so much
 thereof in his hands he hath not &c then the Costs of Suite afd to be Levied of the proper goods
and Chattells of the said Robert Martin & ye Deft in Mercy &c


WT  Robert Martin
                     agt
         Francis Allen Garnishe
         of Gilchrist & Brown
 memorand.m the plft sued out his Lordships writt of attachmt agt ye
deft the tenor whereof followeth in these words vizt
Somersett County fs Charles absolute Lord and proprietarie of the
provinces of maryland and avalon Lord Baron of Baltemore &c To the
                         Sherr of Somersett County Greeting we Command you that you attach any the goods Chattells
          Rights or Creditts of William Gilchrist and Thomas Brown late of all hollows parish in the
          County of Somersett merchants if they shall be found in your bailywick ^to^ the value of five pounds
          and Eight hundred pounds of tobacco and when you have the same so attached or any part
          thereof the same in your Custody Safe Keep so that you have the same before the Justices of
          our County Court to be held at dividing Creek the third tuesday of June next then and there to be
                                                                                                                               (Condemned)


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Somerset County Judicial Records, 1723-1725
Volume 839, Page 171   View pdf image
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