Volume 842, Page 114b View pdf image |
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August Court
1731
114 John Hendry from having Execution of the damages and Costs aforesaid against them the Said defendts of the Goods and Chattells aforesaid &.c above in their plea have alledged which they are Ready to veryfie which matter the said John Hendry doth not Gainsay nor to the Same in any wise answer but the truth thereof to admitt doth altogether refuse as before prays Judgm.t and that the Said John Hendry from having his Execution thereupon &.c may be precluded &c whereupon all and Singular the premisses by the Court here being seen heard and fully understood and mature deliberation thereupon had wherefore it Seemeth to the Court here that the plea aforesaid in manner and form afd above pleaded and the Matter in the Same Contained are insufficient in Law to the aforesaid John Hendry of his Execution thereof against the aforesaid John Newbold and Rachell his wife to have & preclude &c Therefore it is Considered that the aforesaid John Henry have his Execution against the afd John Newbold and Rachel His wife admrx of the afd Henry Alexander dec.d of the afd Forty two pounds four Shillings & five pence Currant money of Maryland his damages afd as also three hundred and Eighty Eight pounds of tobacco Costs & Charges in the Judgment aforesaid Specified Likewise the afd John Hendry according to the form of the Statute in Such Case Lately made and provided Recover against the afd John Newbold and Rachell his wife three hundred & sixty 361 One pounds of tobacco for his Costs Charges and damages Sustained by Occasion of delay of Execution of the Judgmt aforesaid to be Levied of the Goods and Chattells which were of the afd Henry Alex.d at the time of his death Remaining in the hands of the afd ^John &^ Rachell ^remaining^ to be administred if so much thereof in their hand they have and if so much in their hands they had not than the Costs afd to be Levied of the proper Goods and Chattells of the afd John Newbold and Rachell his wife &c
whereas the said William the Fifteenth day of May in the Year Seventeen hundred and thirty nine was Indebted unto the said Christopher in six pounds Currant Money of Maryland as by a Certain Note Drawn by John Murray for the said sum upon the said William and by the said William the day and Year aforesd accepted hereunto annexed may in Court appear and being so thereof Indebted the said William in Consideration thereof the day and Year afd at the County aforesd upon himselfe did assume and to the Said Christopher then and there did faithfully promise that he the said William the said Six pounds to the said Christopher when he Should be thereunto requested he would well and faithfully Pay and Content Nevertheless the said Will.m his promise and assumption afd in forme aforesd made Nothing regarding butt plotting and fraudulently Intending the said Christopher in that parte Craftily and Subtilly to Deceive and Defraud the said six pounds to the said Christopher altho' the Same to do the Said William by the said Christopher |
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Volume 842, Page 114b View pdf image |
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