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Somerset County Judicial Records, 1730-1733
Volume 842, Page 203b   View pdf image
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June Court            1732            203

Thomas Hearn of Somerset County Planter present here in Court undertakes for
the Said W.m Hearn that in Case the Said Thomas Layfield Shall Recover Judgment
in the Plea aforesd against the Said W.m Hearne or that the Said W.m Hearn shall
be therein Convict that then he the Said William Hearn shall pay the Condem^na^tion of
the Court thereupon or render his body to the Custody of Sher of Somerset County in
Satisfaction thereof or that he the Said Thomas Hearn Shall do the Same for him &c

    afterwards Came the Same Will.m Hearn in his proper person and Defends the force and
Injury when &c and Says that he Cannot gainsay the action afd of the aforesd Thomas
Layfield nor Can he say but that the writing obligatory aforesd is his deed nor but that
he owes the Same Thomas Layfield the aforesd five thousand Seven hundred and
forty four pounds of Tobacco in manner and forme as the afd Thomas Layfield above
against him Declared &c    Therefore it is Consid^e^red that the aforesd Thomas Layfield
Recover against the aforesd W.m Hearn his Debt aforesd and his Damages by occasion
321    of the Detaining of the Same Debt to three hundred & Twenty one

pounds of tobacco to the same Thomas Layfield of his assent by the Court here
adjudged and the aforesd W.m in Mercy &c


WB  James Shirley
                @
     John Donelson Sery
LG of Philip Russell
 memorand.m the plft James Shirley by William Beckingham his attorney Sued Out his
Lordships writ ^of Scirefacias^ against the deft the tenor whereof followeth in these words vizt

Somerset 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
a Certain John Donelson late of Somerset County Gent Lately in Our Court (to witt) the Seventeenth day of
march anno Domini one thousand Seven hundred and ^Twenty^ thirty Nine before William
Planner Gent.m and his associates then Justices of our said Court at Dividing Creek did
then and there under take for one Philip Russell that if in Case he Should be
nonsuited in a Certain action in a plea of trespass upon the Case &c before our said
Justices in our said Court then and there depending between the Said Philip Russell
and a Certain James Shirley or otherwise Legally Cost that then he the Said
Philip Russell should pay the Condemnation of the Court thereupon and all
Costs accrewing thereon to the Said James Shirley or that he the Said John
Donelson would do it for him as by the record and process thereof remaining
in our said Court before our said Justices at Dividing Creek manifestly appeareth
and afterwards it was Considered by our Justices of our same Court that the afd
Philip russell Should take nothing by his writt and Declaration in the plea
afd but that he Should be thereof in Mercy for his falce Clamour and that
the Said James Shirley Should go thereof without Day and Also it was
                                                                                           Considred


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Somerset County Judicial Records, 1730-1733
Volume 842, Page 203b   View pdf image
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