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Somerset County Judicial Records, 1730-1733
Volume 842, Page 308   View pdf image
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June Court               1733                          308

Somerset County to whom the foregoeing writt was directed Cometh and maketh Return thereof to the Court here Endorsed
in these words following viz.t  Cepi Corpus declaration delivered in time p Joshua Caldwell sher

              Att which day the plea afd with all things thereunto Relateing was by act of assembly and the Court adjourned
untill ^next Court being^ the third tuesday of June Next &c

          Att which Said Next Court to witt the Ninteenth day of June Anno Dom One thousand Seven hundred and thirty three Came
againe the Said Patrick Stewart by his attorney afd and the afd Mary Porter Executrix as afd by Francis Allen her attorney
Comes and defends the force and Injury when &c and saith that the afd Patrick Stewart his accon afd thereupon
against her to have and maintain Ought not because she saith that she hath fully administred all the goods and Chattells
which were of the afd Hugh at the time of his death in her hands to be administred and that she hath not goods or Chattells
which were of the afd Hugh at the time of his death in her hands to be administred nor had at the day of the Impetration
of the Originall writt of the afd Patrick or at any time afterwards and this she is ready to verifie whereupon
she prays Judgm.t if the afd Patrick his action afd thereupon against her to have ought &c

And whereupon afterwards the said Mary by her attorney afd Relinquisheth her verification afd by
her above alledged and says that she Cannot gainsay the action afd of the afd Patrick nor can she
say but that the said Hugh Porter in his Lifetime did assume upon himselfe in manner and form as
the afd Patrick above against her hath Complained and as to the damage of the Same Patrick by him
by occasion of the premisses in that part Sustained the said Mary saith and confesseth that the afd Patrick
hath sustained damages by occasion of the premisses further than his Costs and Charges by him about his suit in
that part apposed to Seven pounds five shillings and a halfe penny Currant money ^of Maryland^ and not more to be Levied
of the goods and chattels which were of the  afd Hugh at the time of his death and when to the hands of her
the afd Mary shall happen hereafter to Come to be administred together with his Costs and Charges afd to him
adjudged which ye said plft does not gainsay &c

                Therefore by Consent of the parties afd it is Considered that the afd Patrick Stewart recover
against the afd Mary Porter Executrix of the testament and Last will of the afd Hugh Porter his damages afd
to the afd Seven pounds five shillings and a halfe penny Currant money of Maryland by the Same Mary in
230    form afd Confessed as also three hundred and Twenty                            pounds of tobacco for his
Costs and Charges by him about his Suit in that part apposed by the Court here adjudged to be Levied of
the goods and Chattells which were of the afd Hugh at the time of his death and which to the hands of the
afd Mary hereafter shall happen to come to be administred and ye afd Mary in Mercy &c


WB  John Stewart
                   @
FA  Mary Porter Exrx
       of Hugh Porter
     Command was Given to the Sher of Som.rst County that he should
take Mary Porter Late of Somerset County wid.w Exrx of the Testament
and Last Will of Hugh Porter late of Somerset County Planter
decd if she should be found in Your Balywick and her should safe
keep so that he might have her Body before the Justices of his Lordships County Court of
Somerset to be held at Dividing Creek the third Tuesday of March then next To answer
unto John Stewart                              of a plea of Trespass upon the Case &c and
that thereof he should not fail &c   
                                                                                                                         (And)


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Somerset County Judicial Records, 1730-1733
Volume 842, Page 308   View pdf image
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