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Somerset County Judicial Records, 1723-1725
Volume 839, Page 174b   View pdf image
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       March Court               1723                    174
F A  Benjamin Wailes
                  agt
G D:  Henry Williams Etuxor
         admrx Thos Taylor
memorandum the plft by his attorney sued out his Lordships writt of scire facias agt
the defts the tenor whereof followes in these words vizt
Somersett County fs  Charles absolute Lord and proprietary of the provinces of
maryland and avalon Lord Baron of Baltemore &c To the Sherr of Somersett County
                   Greeting whereas a Certain Benjamin Wailes of Somersett County Quan.d Sherr lately in the County
Court of Somersett on the twenty second day of November in the second year of Our Dominion &c ann Dom
one thousand seven hundred and sixteen before the worshipfull Charles Ballard and his associates then
Justices of Our Said Court (at dividing Creek) and by Consideration of Our Said Court recovered against a Certain
Thomas Taylor of Stepney parish in Somersett County as well the sum of Eight hundred and Eighty five pounds
of tobacco a Certaine debt as also the sume of two hundred and fifteen pounds of tobacco Costs of Suite whereof he
is Convict as by the record and process thereof in Our Said Court remaining manifestly appears and afterwards
the said Thomas Taylor dyed Intestate as his said after whose death administrators of all and singular the goods
Chattells rights and Creditts which were of the said Thomas at the time of his death to Alice his wife were in due form
of Law was Committed and whereas the said Alice after the administration afd so as afd to her Committed Intermarried
with a Certain Henry Williams of Stepney parish in the County afd planter as by the Jurisdiction of the said Benj.a
Wailes we have received and altho' Judgm.t be thereupon rendered Nevertheless Execution of the debt & Costs afd
to him the said Benjamin as yett remains to be done   Whereupon he hath praid us for a proper remedy to him in
that part to be provided and we being willing that those things which in our said Court are rightly done should be
brought to a due Execution Command you that by good and Lawfull men of your Bailywick you make Known
unto the said Henry Williams and alie his wife admrx as afd if they shall be found in your Bailywick that they be
and appear before the Justices of Our Said ^County^ Court to be held at dividing Creek in Somersett County afd the third tuesday
of august next to shew Cause if any thing for them selves they have or Know to say whey the said Benja Wailes his
Execution of the debt and Costs afd against them the said Henry Williams and Alice his wife admrx as afd according to the
form of the recovery afd he ought not to have of the goods and Chattells which were of the afd Thomas Taylor at the time
of his death in their hands remaining to be administred if so much thereof in their hands they have if to him it shall
seem mete and further to do & receive what our said Court shall Consider of and have you then and there the Names
of those by whom you make the same Known and this writt Wittness Charles Ballard Gentl Chief Justice of our said
Court the 19.th day of June in the 8th Year of Our Dominion &c ann Dom 1723   F Allen        Thomas Hayward Cler
Att which said third tuesday of August to witt the twentieth day of the same Month ann Dom one thousand seven
hundred and twenty three Being the day of the return of the said Writt Comes the said Benjamin Wailes by Francis
allen his attorney and the Sherr of Somersett County to whom the foregoeing writt was directed Likewise Comes &
and makes return thereof to the Court here Endorst in these words following viz.t By vertue of the within
writt to me directed to the Justices within Mentioned I Certifie that I have made Known unto the within
Named Henry Williams and Alice his wife admrx of the within Named Thomas Taylor dec.d that they be & appear
before the Justices within Mentioned at the time and place within Contained before to shew Cause if any they
have why the within Names Benj.a Wailes should not have his Ex.n against them for ye Debt & Costs within Contained
before Griffin Williams and Charles Williams good & Lawfull men of my Bailywick as by the within writt
I am Commanded so answers            Jos McClester Sher
    And the said Henry Williams and alice his wife admrx as afd by George Dashiell their attorney Come &
                                                                                                                                           (defend)


 
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Somerset County Judicial Records, 1723-1725
Volume 839, Page 174b   View pdf image
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