Volume 839, Page 91 View pdf image |
August Court
1723
91 John Orrell Sherr whereupon the said Thomas Howell in his Own proper person appeareth and saith that he Cannot gainsay but that he hath of the rights and Creditts of the said William Kenney to the sum of one pound one ^eleven^ shillings so as afd attached in his hands Likewise the afd Sarah Hicks in her proper person appeareth and maketh Oath that she was not Indebted unto the said William Kenney at the Laying of this attachm.t nor at any time since Likewise the afd William Ennalls altho' solemnly Called doth not Come but maketh default Like wise the afd Charles Smith altho' solemnly Called doth not Come but maketh default, Likewise the afd John adams altho' solemnly Called doth not Come but maketh default Likewise the afd Thomas Thomas altho' solemnly Called doth not Come but maketh default whereby the said Plft remaineth against the said deft without further defence Whereupon the said Thomas Howell by his attorney afd prayeth that giveing security according to act of assembly the severall sumes of Money and tobo five sheep and ten Bushells of Corn as of the rights and Creditts of the said William Kenney so as afd attached in the hands of Thomas Howell, William Ennalls, Charles Smith, John Adams and Thomas Thomas may ^be^ Condemned in the hands of the said Thomas Howell Thomas, Thomas Howell, William Ennalls, Charles Smith, and John Adams toward satisfaction of the said Thomas Howells damages and Costs afd thereupon Francis Allen Gent one of the attorneys of this Court present here in Court undertakes for the said Thomas Howell according to act of assembly of the Claim of the said Thomas Howell against him appear to be satisfied or Otherwise to have been undue before the Laying of this attachment that then the said Thomas Howell shall make restitution to him the said William Kenney of all or such part thereof as shall be made appear to be undue &c or that he the said Francis Allen will doe it for him Therefore it is Considered by the Justices here the Eleventh day of June ann Dom one thousand seven hundred and twenty three that said sume of One pound eleven shillings so as afd attached in the hands of the said Thomas Howell as of the rights and Creditts of the said William Kenney be Condemned in the hands of the said William Thomas Howell as of the rights and Creditts of the said William Kenney for the use of the said Thomas Howell towards satisfaction of his damages and Costs afd that thereof he have his Execution according to act of assembly &c Therefore it is Considered by the Justices here the same day and year Last mentioned that the said five sheep so as afd attached in the hands of the said William Ennalls as of the rights and Creditts of the said William Kenney be Condemned in the hands of the said William Ennalls as of the rights and Creditts of the said William Kenney for the use of the said Thomas Howell towards satisfaction of his damages and Costs afd and that thereof he have his Execution against the said William Ennalls according to act of assembly &c Therefore it is Considered by the Justices here the same day and year Last mentioned that the said sume of Nine hundred pounds ^tobo^ of so as afd attached in the hands of the afd Charles Smith as of the rights and Creditts of the said William Keeney be Condemned in the hands of the said Charles Smith as of the rights and Creditts of the said William Kenney for the use of the Said Thomas Howell towards satisfaction of his damages and Costs afd and that there of he have his Execution against the Said Charles Smith according to act of Assembly &c Therefore it is Considered by the Justices here the same day and year last mentioned that the said (sume) |
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Volume 839, Page 91 View pdf image |
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