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Somerset County Judicial Records, 1730-1733
Volume 842, Page 32   View pdf image
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          November Court         1730                 32

Giddion Tilman Shall Recover Judgment against the aforesaid John Burke in the plea aforesaid or that the Said John
Burke Shall be therein Convict that then he the Said John Burke shall pay the Condemnation of the Court thereupon or
Render his body to the Custody of the Sher of Somerset County in Satisfaction thereof or that he the Said John Purnall
will do it for him   thereupon the Said John Burke in his Own proper person appears & Imparles till next Court &c


FA:  Robert Smith admr of Archibald
      Smith during the minority James Smith
                                 @
Pse  John Pepper
memorand.m  the plft by Francis Allen his attorney sued out his Lordship writt of
Scirefacias against the deft the tenour whereof followeth in these words viz.t
Somerset ss  Charles absolute Lord and proprietary of the provinces of
maryland and avalon Lord Baron of Baltemore &.c  To the Sherr of Somerset
                                                County Greeting whereas Archibald Smith administrator Executor of the Last will and
       Testament of Robert Perrie dec.d Lately in Our County Court of Somerset here to witt the ninteenth day of august
One thousand Seven hundred and twenty nine before Samuel Hopkins Gentleman and his associates Justices of our said
Court at dividing ^creek^ (in the County aforesaid) by Consideration of the Same Court Recovered against John Pepper Late
of Somerset County planter al.s Dictus John Pepper of Somerset County and province of maryland planter as well
a Certain debt of fifteen hundred pounds of tobacco and fifty bushells of Indian Corn as four hundred and
Six pounds of tobacco which to the Same Archibald in Our Same Court were adjudged for his damages which he
had by Occasion of the detaining of the Same debt whereof he is Convict ad by the record and proceeding thereof
in One Court before Our Justices at dividing Creek aforesaid was Remaining manifestly appareth and afterwards
the aforesaid Archibald Archibald Smith made his Last will and testament in writing and by the Same testament
then and there ordained and Constituted a Certain James Smith (son of Robert Smith) then and as
Yett within ye age of twenty One Years to be his Executor of the Same testament and afterwards there
died after whose death administration of all and Singular the Goods and Chattells Rights and Creditts which were of
the aforesaid Archibald Smith in due form of Law to ye aforesaid Robert Smith during the minority and age of
the aforesaid James Smith (his son) was Committed as by the Letters of administration in Our Court before Our
Justices Likewise Remaining manifestly appeareth as on the part of the aforesaid ^Robert^ in Our Court before us we have
Received and that altho Judgmt be thereupon Rendered Execution not withstanding of the debt and damages
aforesaid as Yett Remaineth to be made to the hinderance of the Execution of the administration aforesaid whereupon
to us it is Supplicated by the Same Robert Smith of a fitt remedy for him in that part to be provided
and we in that part being willing to do that which is Just we Command you that by Honest and Lawfull men of your
bailywick you make known unto the Said John Pepper that he be and appear before Our Justices of Our County
Court of Somerset to be held at dividing Creek the third tuesday of November next to Shew Cause if any thing for
himselfe he hath or to say ^knoweth^ wherefore the aforesaid Robert Smith his Execution against him of the debt and damages
aforsaid to have ought not according to the form of the Recovery aforesaid if unto him it Shall Seem Expedient &
have you then and there then thames of them by whom you made known to him and this writt Wittness Samuel
Hopkins Gent Chiefe Justice of our Said Court the twenty Second day of August in the Sixteenth Year of Our
dominion &.c ann.o Dom One thousand Seven hundred and thirty

                      Att which said third tuesday of November to witt the seventeenth day of the same month anno Dom one
       thousand seven hundred and thirty being the day of the return of the Said Writt before his Lordships Justices of Somerset
       County Court at dividing Creek Cometh the afd Robert Smith by his attorney aforesaid and the Sherr of Somerset County
       to witt John Purnall Gent at the Same day Returned that he by vertue of the writt aforesaid to him directed
                                                                                                                                                                he


 
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Somerset County Judicial Records, 1730-1733
Volume 842, Page 32   View pdf image
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