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Somerset County Judicial Records, 1727-1730
Volume 841, Page 240   View pdf image
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                                             March Court     1729     240

Pse  Jn.o Caldwell
               @
       Jos: Holder
 Memorand.m the Plft in his own Proper person Sued out his Lordships
Writt of Attachm.t against the Deft the tenour whereof followeth in these
Words viz.t           Somrsett ss:  Charles absolute Lord & proprietary of
the province of Maryland & avalon Lord Baron of Baltemore &.c  To ye sher of somrsett Co.ty
Greeting we Command you yt you attach any the Goods & Chattles rights & Creditts of Jos: Holder
Late of Somrsett County Planter if they Shall be found in Your Balywick to ye value of
forty five Shill.s Curr.t Mony & three hundred & fifty pounds of tob.o & when you have
the Same so attached or any part thereof the Same in Your Custody Safe Keep so yt you
have the same before our Justices of our Co.ty Co.t of Somrsett to be held at Dividing Creek
the third tuesday of March nextto then & there to be Condemned According to Act of assembly
to & for ye use of a Certain Jn.o Caldwell unless ye said Jos: Holder by himselfe or his
attry Shall appear and answer unto ye said Jn.o Caldwell in a plea of trespass upon the
Case &.a  According to Law & that by Good & Lawfull Men of Your Balywick You Make
Known unto the person or persons in whose hands you Make the Same attachment y.t
he She & they be & appear before our Justices of our Co.ty Co.t to be held as afd to shew
Cause if any he She or they have whey ye same Goods Chattles rights or Creditts so attached
in his her or their hand Ought not to be Condemned & Execution thereof had & Made
according to ye form of ye Act of assembly in Such Case Made & provided it to him her
or them it Shall Seem Expedient & How You Shall Execute this Writt that You
Make Known unto our said Justices at ye Day & place afd & have you then and
there this Writt Wittness W.m Planner Gent one of our Justices of our s.d Co.t &c

         Att which said third tuesday of March to Witt the Seventeenth day of the Same Month
Ann.o Dom one thousand Seven Hundred & twenty Nine being the day of the return of the
Said Writt Cometh Jn.o Caldwell in his own proper Person And the Sher of somrsett Co.ty to
whom the foregoing Writt was Directed Likewise Cometh and Maketh return thereof to
the Court here Endorsed in these Words viz.t

                By vertue of the within Writt to me directed before Hugh Porter & Joshua
Caldwell Good & Lawfull Men of my Balywick I have attached in ye hands of Tho.s Cox a
the Goods & Chattles of Jos: Holder to ye value of thirty Bushells of Indian Corn & also sumoned
as Garnishshee as by ye within Writt I am Commanded so answers            Jn.o Purnall sher

      Whereupon the said ^Jno^ Caldwell in his Own proper person Comes and prays that the afd thirty bushells
of Indian Corn so as afd attached in the hands of the Said Thomas Cox as of the rights and Creditts of
unto him his damages and Costs of a Certain Judgm.t Recovered against the said Holder as all
Costs accrewing upon the One writt of attachm.t afd &c

          Whereupon the afd Thomas Cox altho' Solemnly Called Comes not but makes defalt nor
does any other person appear for him to Shew Caus to the Contrary &c

               Therefore it is Considered here by the Justices this Seventeenth day of March anno Dom
One thousand Seven hundred and twenty Nine that the afd Sum of thirty Bushells of Indian
Corn so as afd attached in the hands of the afd Thomas Cox as of the rights and Creditts of the
afd Joseph Holder be Condemned in the hands of the said Thomas Cox towards Satisfying unto
the Said John Caldwell his damages and Costs of a Certain Judgmt recovered against him as also
all Costs accrewing upon the writt of attachm.t afd and that the afd Jno Caldwell have thereof
his Ex.n against the said Cox according to act of assembly &c


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Somerset County Judicial Records, 1727-1730
Volume 841, Page 240   View pdf image
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