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Somerset County Judicial Records, 1730-1733
Volume 842, Page 10   View pdf image
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    August Court    1730                 10

Henry Ballard aged thirty years or there abouts being sworn on the holy Evangelist of almighty God saith that he
was in Company with the Land Commissioners as was on a tract of Land Called Elliotts Choice belonging to Edward
Roberts which was Majr Charles Ballard, Capt John Tunstall M.r Ephraim Willson and Mr John Caldwell and
that they went to a pine stump standing near a marsh Side about two hundred and fifty Yards South from the
house of Edward Roberts where he then Lived and there Examined James Polke on his Oath and he said he
was Employed by Francis Roberts to Maule some Loggs and that he went to the aforesaid place where the afd
mentioned stump now is and that he went to falling some Logg timber and some time after Francis Roberts
Came to him the said James Polke and told him he had fell the bounder of Elliotts Choice and that James Polk
asked him whether it was the first bounder of Elliotts Choice and that Roberts said it was and there was Patrick
Quatermus and some Others as declared near the same Relating to the said Bounder and that the aforesaid Commissioners
allowed that to be the bounder of Elliotts Choice and further the said deponant ^saith^ that he new of noe other
bounder as the said Commissioners allowed of but that aforesaid Stump standing as aforesaid was the first
bounder of Elliotts Choice and further Sayeth not                                          Henry Ballard
                                                                                                                      Thomas Gillis
                                                                                                                   Lewis Rigsby


LG  Joseph Macclester
                   @
  John Timmons
 Memorand.m the plft by Levin his attorney sued out his Lordships writt of Scirefacias ag.t
the deft the tenor whereof followeth in these words vizt
Somerset ss  Charles absolute Lord and Proprietary of the provinces of Maryland
                               and avalon Lord Baron of Baltemore &.c  To the sher of Somerset County Greeting whereas
Joseph Macclester Lately in Our County Court of Somerset here to witt the twenty first day of March One thousand
seven hundred and twenty six before Samuel Hopkins Gent.m and his Associates then Our Justices of our said Court
at dividing Creek by consideration of the same Court Recovered against John Timmons late of Somerset County
Planter seven hundred and fifteen pounds of tobacco for his damages which he Sustained by Occasion of a Certain
promise and assumption to the Same Joseph by the aforesaid John lately made and not performed whereof he
is Convict as by the records and proceedings thereof in Our same Court before Our Justices at dividing Creek
remaining manifestly appeareth Nevertheless Execution of the Judgm.t aforesaid as Yet remaineth to be made
as by the Insinuation of the aforesaid Joseph we have Received and because we are willing that those things
which in Our said Court are Rightfully acted ought to be duely Executed we Command you that by honest and
Law full men of your baylywick you make known unto the aforesaid John Timmons that he be and appear
before Our Justices of Our County Court of Somerset to be held at dividing Creek the third tuesday of August Next to
shew Cause if any thing he hath or knoweth to say wherefore the afd Joseph his Execution afd of the Judgmt afd
ought not to have according to the form of the recovery afd if to him it shall seem Expedient and have you then
and there the Names of them before whom you make ye same known and this writt Wittness William Planner Gentm
one of Our Justices of Our Said Court the Seventeenth day of June in the Sixteenth Year of Our Dominion &.c anno
Dom One thousand Seven hundred and thirty

       Att which said third tuesday of August to witt the Eighteenth day of the Same month One thousand seven hundred
and thirty before his Lordships Justices at dividing Creek Cometh the afd Joseph MccClester by his attorney aforesaid
and the Sherr of Somerset County to witt John Purnall Gent.m at the Same day Returned that he by Vertue of
the writt aforesaid to him directed he had made known unto the afd John Timmons by James Jones and Robert
Hill honest and Lawfull men of his bailywick that he be before his Lordships Justices of the County Court
of Somerset [illegible] and place aforesaid to shew in form afd &c as to him it was Commanded
                                                                                                                                  and


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Somerset County Judicial Records, 1730-1733
Volume 842, Page 10   View pdf image
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