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Somerset County Judicial Records, 1725-1727
Volume 840, Page 273   View pdf image
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   June Court                   1727             273

at Dividing Creek & by Consideration of the same Court recovered against Jn.o Timmons
Late of Somrsett Planter fifteen hundred & Sixty two pd.s of Tob.o which were
adjudged for his Dam which he sustained as well by occasion of the Nonperformance
of a Certain promise to ye same Benj.a by the afd Jn.o Timmons
made as for his Costs & Charges by him about his suite in that part Expend
whereof he is Convict as by the record & proceedings thereof in our Court before
our Justices at Dividing Creek now remaining Manifestly appeareth Notwithstanding
Execution of the Judgm.t afd as yett remaines to be made as by the Insinuation
of ye afd Benj.a we have received & because we are willing that who
in our Court afd is ritefully acted Should be duely Executed we Command you
by good & Lawfull Men of your Bailywick you Make Known unto the afd John
Timmons yt he be & appear before our Justices of our County Court to be held
at Dividing Creek in the County afd ye third tuesday of June Next to Shew Cause if
yt any thing for himselfe he hath or to say Knoweth wherefore ye afd Benj.a
Wailes Execution agt him of the Dam & Costs to have ought not according to ye
forme of the recovery afd if to him it secureth Expedient & have you there
the Names of those by whome you Make the Same Known & this Writt Wittnesseth &c

             Att which said third tuesday of June to witt ye twentieth day of the same
Month Anno Dom one thousand Seven hundred & twenty Seven being ye Day of
return of ye said Writt Cometh the afd Benj.a Wailes by his attry afd & the Sher
of Somrsett County to whome ye foregoing Writt was Directed Likewise Cometh &
Maketh return thereof to the Court here Endorsed in these words followes
vizt                        Made Known P Francis Allen Sher

          Whereupon the afd Benjamin Wailes by his attorney afd prays that the afd Jno Timmons
to his writt of scire facias afd may answer but the afd John Timmons altho'
before warned being Solemnly Called Cometh not but makes default

             Therefore it is Considered that the afd Benjamin Wailes R have his Execution
against the afd John Timons of fifteen hundred and Sixty two pounds of tobacco his damm
237   afd as Two hundred & thirty seven                              pounds of tobacco to the same
Benjamin by the Court here adjudged according to the form of the Statute thereof Lately made &
Provided for his Costs and damages Sustained by occasion of Delay of Execution of the Damages
afd &c


LG  The same
              @
Moses Driskill admrs &c
Memorand.m the Plft by Levin Gale his attorney Sued out his Lordships writt of scire facias
against the deft the tenor whereof followeth in these words vizt
Somersett fs     Charles absolute L.d proprietary of the provinces of
Maryland & avalon L.d baron of Baltemore &c  To ye sherr of Somersett
       Co.ty Greeting whereas Benj.a Wailes Lately in our County Court of
                                                                                                    (Somersett)


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Somerset County Judicial Records, 1725-1727
Volume 840, Page 273   View pdf image
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