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Aug.t Court
1736
240 to the said Levin Gale George Gale, John Gale and Mathias Gale to require and have of the said Bur the afd Sixty pounds Curr.t money of Maryland Nevertheless the afd Burr in his Life time and the said Stephen Horsey since the death of the said Burr the afd sixty pounds Curr.t money of Maryland to the said Levin Gale George Gale John Gale and Mathias Gale or any of them have not rendered but the Same to them or either of them to render have denyed and the same to them to render the said Stephen still doth deny and unjustly detain altho' the Same to do the said Bur in his Life time to witt the said thirty first day of July anno Dom seventeen hundred & thirty two and the said Stephen Since the death of the said Burr to witt on the first day of March ann Dom seventeen hundred & thirty Six at the County afd and Often Since the said Times were by the said Levin Gale George Gale John Gale and Mathias Gale there to Severally required whereupon they say they are damnified Eighty pounds Curr.t money of Maryland and thereof they bring Suit &a pledges &a Jno Doe & R Roe a Copy of the foregoing declaration was made and Sent to be served on the deft according to act of assembly in such Case provided Att which said third Tuesday of August to witt the Seventeenth day of the Same month & Anno Dom One thousand Seven hundred and thirty Six being the day of the REturn of the said Writt Came the said Levin George John and Mathias Gale by their attorney afd and the Sheriff of Somerset County to witt Joseph Macclester Gent Likewise Cometh and returned that by virtue of the writt afd to him directed he had taken the body of the Same Stephen Horsey whose body before the Justices of his Lordships County Court of Somerset at the Same day and place in the writt afd mentioned he had there ready and delivered the Same deft a Copy of the Naration in due time according to Law &a And the afd Steph Horsey in his own proper person Cometh and defendeth the force and Injury when &a and the afd Levin, George, John and Mathias Gale pray that the afd Stephen to their Declaration afd may answer whereupon the afd Stephen hath till Thursday the third day in this term to him by the Court here given to answer &a And the Same Stephen at the Same day Solemnly Called to answer Cometh not nor says nothing in Barr or pla preclusion of the action afd of the afd Levin George John and Mathias Gale by which the same Levin George John and Mathias Gale remaineth thereof against him undefended &a Therefore it is Considered by the Court here that the afd Levin Gale George Gale John Gale and Mathias Gale assignees as afd Recover against the afd Stephen Horsey adm.r of the afd Burr outerbridge his debt afd and his damages by Occasion of the detention of the same debt to 393 pounds of tobacco to the Same Levin George John and Mathias Gale of their assent by the Court here adjudged to be Levied of the goods and Chattells which were of the afd Burr at the time of his death in the hands of the Same Stephen to be administred if so much in his hands he hath and if so much he hath not then the damages afd to be Levied of the proper goods and Chattells of the Same Stephen and the Same Stephen Horsey in Mercy &a |
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Somerset County Judicial Records, 1735-1737
| Volume 851, Page 240b View pdf image |
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