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November Court
1733
109 or administrators or assignes as wittness my hand this 31 day of July anno Dom 1731 Hugh Porter her Mary Wye Mary S Foleyes Which being Enrolled the same John ^Tunstall^ assignee of marke the afd Hugh Porter says that he by any thing by the said Patrick Connelly in the first Matter by the said Patrick as above pleaded alledged from having and Maintaining his action afd against the said Patrick Ought not to be precluded because he Says that well and true it is that the said John Purnall was high sheriffe of the said County of Somerset and the said Hugh Porter undersheriffe of the said John Purnall duely Qualified according to the Laws Customs and Usages of this province of Maryland as the said Patrick in his plea afd hath set forth and that while the afd John Purnall was high sheriff of the said County of Somerset and the said Hugh his undersheriff as afd to witt on the ninteenth day of March anno Dom Seventeen hundred and Twenty nine at Somerset County afd before the making of the writing Obligatory afd the afd John Videll was in the Custody of the said sheriff by force and Virtue of a Writ of the Right Honourable the Lord Proprietary of this province Issued out of the High Court of Chancery of this province by which writ the said Lord proprietary did Command the said sheriff to take the afd John Videll if he should be found within his Bailywick and him safe keep till he the said John Videll should Give good and Sufficient Security that he the said John Videll should not depart this province of Maryland to the Damage of the afd John Tunstall and the afd John Videll being so as afd in the Custody of the said sheriff the afd Hugh did accept of and take afd Writing obligatory to indemnify and secure the said Sheriff from all Damages which the said Sheriff might sustain by reason of the premises without this that the Writing Obligatory afd was made for the Ease and favour of the said John Videll and no Other Cause whatsoever as the said Patrick in his plea afd hath alledged and this he is ready to Verifie whereupon the aforesd John Tunstall Assignee of the said Hugh Porter prays Judgment and his Debt afd together with his Damages by reason of detaining that Debt to him may be adjudged And as also to the second Matter by the afd Patrick Connelly above in barr pleaded the afd John Tunstall assignee of the said Hugh Porter says that the plea afd of the said Patrick in that part in Manner and form afd pleaded and the matter therein Contained are not sufficient in Law to preclude the afd John Tunstall assignee of the said Hugh Porter from having and Maintaining his Action afd against him the sd Patrick ^Connelly^ and that the said John Tunstall assignee as afd of the said Hugh to the place afd of the said Patrick in that part as above pleaded hath no Need nor by the Law of the Land is he held to Answer and this he is ready to Verifie whereupon for want of a sufficient plea in that part the said John Tunstall assignee as afd of the said Hugh prays Judgement and his ^debt^ aforesaid together with his Damages by reason of the Detaining that Debt to him to be adjudged And |
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Somerset County Judicial Records, 1733-1735
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