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Somerset County Judicial Records, 1730-1733
Volume 842, Page 61   View pdf image
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March Court            1730         61

of the within Named George Martin of the Value of Eighty four pounds three Shillings and Eight pence
Sterling money and seventeen hundred pounds of tobacco in the hands of Heber Whittingham and
Likewise by Hugh Porter and John Doe honest and Lawfull men of my bailywick I have made
known unto the Said Heber Whittingham that he be and appear at the time and place within Contained
to Shew Cause &.c   as by the within Writt I am commanded so answers John Purnall sher

    And whereupon the aforesaid Heber Whittingham Garnishee of the afd George Martin appears in his own
proper person and says that he Cannot Gainsay but that he hath of the Rights and Creditts of the said
George Martin in his hands to the value of twenty five thousand seven hundred pounds of tobacco nor Can he
say but that the Same Ought to be Condemned in his hands for the Use of the Said James Donelson as of the
Rights and Creditts of the Said George Martin which ye Said plft doth not Gainsay

       Whereupon the Said James Donelson by his attorney afd prays that upon Giveing Security according to act of
assembly in Such Case made and provided the aforesaid Sum of twenty five thousand Seven hundred poundes
of tobacco as of the Rights and creditts of the Said George Martin so as aforesaid ^attached &^ Confessed by the
afd Heber Whittingham may be Condemned in the hands of the Said Heber Whittingham towards
satisfying of the Said James Donnelson of the afd Eighty four pounds three Shillings and Eight pence
Sterling and Seventeen hundred pounds of tobacco

                                                      Thereupon a Certain John Caldwell of Somerset County Gent present here
in Court in his proper person undertakes for the Said James Donelson according to act of assembly
all or any part of the Said James Donelson's Claim against him to be Satisfied or Otherwise to be
undue before ye Laying of the attachment aforesaid that then he the Said James Donelson Shall
make Restitution unto him the Said George Martin of all or Such part thereof as Shall be so
made appear to be undue &c   or that he the said John Caldwell will do it for him &c

                   Therefore it is Considered by the Justices here that the afd Sum of twenty five thousand Seven
hundred pounds of tobacco so as afd Attached and Confessed be condemned in the hands of the afd Heber
Whittingham as of the Rights and Creditts of the aforesaid George Martin towards Satisfying unto
the aforesaid James Donelson as well the Sum of Eighty four pounds three Shillings and Eight pence
Sterling and Seventeen hundred pounds of tobacco as also all the Costs accrewing upon the writt of attachment
afd and that the Said James Donelson have thereof his Execution against the Said Heber
Whittingham according to act of assembly &c


Edward Davis Commission
and affidavitts
 Somerset County ss    Charles absolute Lord and proprietary of the provinces
of Maryland and avalon Lord Baron of Baltemore &.c  To Edward Rownd
James Rownd Ephraim Heather and James Martin all of somrset
       County Gent.m Greeting know ye that we Have appointed you or any three or two of you to be
       our Commissioners to Examine Evidences on behalfe of a Certain Edward Davis of
       the County aforesaid in relation to the bounds of a tract of Land Lying in the
       County aforesaid Called Guddenbourough we therefore require you or any three
       or two of you at some time and place as to you or any three or two of you Shall seem
       Convenant you meet on the aforesaid Land Called Guddenbourough you first having
       taken your oaths on the Holy Evangelist of Allmighty God according to act of
                                                                                                    assembly


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Somerset County Judicial Records, 1730-1733
Volume 842, Page 61   View pdf image
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