Volume 840, Page 55b View pdf image |
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August Court
1725
55 Somersett to witt the twentieth day of august in the Eighth year of Our Dominion &c ann.o Dom one thousand seven hundred and Twenty three before the worshipfull Charles Ballard Gent and his associates then Justices of Our said Court at dividing Creek and by Consideration of Our Said Court Recovered against a Certain Timothy Malcomb Late of Stepney Parish in Somersett County Planter and Priscilla his wife as well the sum of four hundred and forty three pounds of tobacco Certain damages as also the sum of six hundred and Eighty three pounds of tobacco by Our Same Court adjudged unto him for his Costs and Charges by him about his Suite in that part Laid Out and Expended whereof they are Convict as by the Record and Process thereof in Our Same Court before ^our Justices^ at dividing Creek LIkewise Remaining manifestly appears Nevertheless Execution of the Judgm.t afd as yett Remains to be done and the afd Robert Martin is since dead as by the Insinuation of the Said Mary Martin Relect and Executrix of the Last will and testament of the afd Robert Martin we have received and becaus we will that which in Our Said Court is Rightly done and acknowledged should be brought to a due Execution we Command you that by good and Lawfull men of your Bailywick you make Known unto the afd Timothy Macomb and Priscilla his wife that they be and appear before Our Justices of Our 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 themselves they have or Know to Say why the afd Mary Martin Executors ^as afd^ Should not have her Execution against them for the damages and Costs afd According to the form of the recovery afd she ought not to have if to them it shall seem Expedient and have you then & there the Names of those by whom you make the same Known and this Writt Wittness Samuel Hopkins Gent Chiefe Justice of our said Court the Eighteenth day of June in the nth tenth year of our Dominion &c anno Dom one thousand seven hundred & Twenty five Att which said third tuesday of August to witt the seventeenth day of the same month anno Dom one thousand seven hundred and twenty five being the day of the Return of the said Writt Cometh the said Mary Martin Exrx as afd by the Levin Gale her attorney and the Sherr of Somersett County to whom the foregoeing writt was directed Likewise Cometh and maketh Return thereof to the Court here Endorsed in these words following vizt made Known before John Anderson and William Stevens so answers Jos: MccClester Sherr And the afd Timothy Malcomb and Priscilla his wife altho' Solemnly Called Cometh not nor She was Cause why &c but make default whereby the same Plft remains against the afd defend.ts wholy undefended &c Therefore it is Considered by the Court here the seventeenth day of August anno Dom One thousand seven hundred and Twenty five afd that the afd Mary Martin Exrx of the same Robert Martin dec.d have her Execution against the afd Timothy Malcomb Etuxor and Priscilla his wife of the Judgm.t afd as well for the sum of four hundred and forty three pounds of tobacco Certain damages as also the sum of six hundred and Eighty three pounds ^of tobo^ (230) Costs of Suite in the Judgm.t afd specifyed as also the Sum of Two hundred and thirty pounds of tobacco by the Court here adjudged unto her for her Costs and damages sustained by Occasion of Delay of Execution of the Judgm.t afd &c |
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Volume 840, Page 55b View pdf image |
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