Volume 842, Page 114 View pdf image |
August Court
1731
114 day afd by Littleton Townsend and Richard Simson honest and Lawfull to him it was Commanded which Certain John Newblold and Rachell his wife according to the before Warning to them in that part made by francis Allen their attorney Come and pray Leave to Imparle here untill the next Court and they have it and the Same day is Given to the afd John Hendry here also &.c Att which Said next Court to witt the Sixteenth day of march anno Dom One thousand Seven Hundred and thirty Came againe as well the afd John Hendry as the John Newbold and Rachell his wife by their attorneys afd and whereupon the Said John Newbold and Rachell prayed further Leave to Imparle here untill the Next Court and they have it and the Same day if Given to the afd John Hendry here also &c Att which Said next Court to witt the fifteenth day of June anno Dom one thousand Seven Hundred and thirty One Came againe as well the afd John Hendry as the afd John Newbold and Rachell his wife by their attorneys aforesaid And whereupon the Said John Newbold and Rachell prayed further Leave thereof to Imparle here untill the next Court and they have it and the Same day is Given to the aforesaid John Hendry here also &.c Att which Said Next Court to witt the Seventeenth day of August anno Dom One thousand Seven Hundred and thirty One Came againe as well the aforesaid John Hendry as the afd John Newbold and Rachell his wife by their attorneys afd and the Said John Newbold and Rachel Say that the aforesaid John Hendry Execution of the damages and Costs aforesaid against them the Said John Newbold and Rachell his wife of the Goods and Chattells which were of the aforesaid Henry at the time of his death in the hands of the Said Rachell whilst Sole or in the hands of the Said John Newbold and Rachell his wife to have Ought not because they Say that the Said Rachell whilst Sole before the Obtaining of the Judgm.t afd had fully administred all the goods and Chattells which were of the said Henry at the time of his death in her hands to be administred and the Said Rachell whilst Sole nor the said John Newbold and Rachell his wife since the Espousalls between them Celebrated have not any Goods in their hands to be administred which were of the afd Henry Alexanders at the time of his death nor had at the day of the Impetration of the Said John Hendrys writt of Scirefacias aforesaid nor any time Since and this they are Ready to verifie whereupon they pray Judgmt if the Said John Hendry Execution thereupon against them to have Ought &c And the aforesaid John Hendry sath that by any thing prealledged from having Execution of the Damages and Cost afd to be precluded he ought not because he Saith that the plea afd and the Matter in the Same Court Contained are altogether Insufficient in Law and that he thereto hath no Need or by the Law of the Land is in any Sort held to answere and this he is ready to Verifie Wherefore for want of a sufficient plea in that Case he prays Judgm.t and Execution of the Damages and Cost afd According to the forme of the Recovery aforesaid to him to be adjudged &c And the afd defend.ts for that they Sufficient Matter in Law to prclude the afd John |
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Volume 842, Page 114 View pdf image |
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