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June Court
1736
225 Lambden his action afd against them the said Thomas Gardner and Thomas Billings to have and Maintain ought &c As to the first plea of the afd Thomas Gardner and Thomas Billings the afd Thos Lambden putteth himself ^upon^ the Countrey in like Manner And the af.d Thomas Lambden further saith that by anything by the af.d Thomas Gardner & Thomas Billings Exrs af.d above by their second plea by pleading alledged from having his Accon af.d to be precluded ought not because he saith that the af.d Thomas Gardner & Thomas Billings Ex.rs as af.d the tenth day of february in the year of our Lord seventeen hundred and thirty three at Somerset County had divers Goods and Chattles which were of the afd William Smith at the time of his death in their hands to be administred to the Value of eighty four pounds five shillings and two pence half penny wherewith the af.d Thomas Lambden of his damages af.d Might have been satisfied to wit at Somerset County af.d And this he prays may be enquired by the Countrey and the afd Thomas Billings and Thomas Gardner in Like manner Thereupon as to the Trying of the Issues afd ^above Joyned between the parties afd^ it is Commanded the Sheriffe of Somerset County that Immediately he Should Cause to Come here before the Justices of his Lordships County Court of Somerset now here Sitting at dividing Creek in the Same County twelve &.a by whom &.a and who neither &.a to recognize &.a because as well &.a and afterwards Immediately Came thereof the Jury &.a and the Jurors of that Same Jury by Joseph Macclester Gent Sheriffe of the County afd to this Impannelled being Called Came to witt Robert Jones Joseph Wailes Christopher Nutter Angello Atkinson W.m Porter Thomas Peal Thomas Winder Jonathan Sturges John Reddish Charles Townsend John Roach and Benjamin Townsend who to say the truth of the premisses afd being duely Elected tryed and Sworn upon their Oath do say that the afd William Smith in his Life time did assume upon himselfe in manner and form as the said Thomas Lambden above ^against the said Thos Billings & Thos Gardner^ hath Complained and that the said Thomas Billings and Thomas Gardner had not fully administred all the goods and chattells which were of the afd William Smith as by their plea afd is above alledged and assessed the damages of the Same Thomas Lambden by Occasion of the Nonperformance of the promise and assumption afd further than his Costs and Charges by him about his suit in that part apposed to Eighty One pounds five Shillings and two pence halfe penny Curr.t money of Maryland and for those Costs and Charges to One pound of tobacco Whereupon the said Thomas Billings and Thomas Gardner by their attorney afd pray that noe Judg.t may be given against them on the verd.t afd on the behalfe of the said Thos Lambden so as afd rendered for the Reasons Following that the Jurors have not found by their Verdict to what Value assetts were at the time of the Impetrating the Originall Writt in this Case in the defends hands Whereupon all and Singular the premisses being seen and by the Court now here fully understood and mature deliberation thereupon had it seemeth to the same Court ^here^ that the reason afd to stay Judgmt on the verdt afd |
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Somerset County Judicial Records, 1735-1737
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