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August Court
1736
249 deny and unjustly detain to the retarding him in the Execution of the Last will and testament afd whereupon he Saith he is worse and hath damage to the Value of twenty pounds money afd and thereupon he brings suit &.c and he brings into Court here the Letters Testamentary afd of the afd Archibald by which &.a Pledgs de p John Doe R Roe Whereupon Came hereinto Court a Certain William Booth & John Merrill both of Somerset County planters in their proper persons and undertook and Each of them undertook for the said Charles Cade and assumed upon themselves (and the Same Charles Cade present herein Court in his proper person assumed upon himselfe) that if it happen that the said James Smith should recover Judgm.t in the plea afd against the said Charles Cade or that the said Charles Cade should be therein Convicted that then he the said Charles Cade should pay the Judgmt of the Court thereupon or render his body in Execution of Such Judgment to the prison of the Sheriffe of Somerset County in Satisfaction thereof or that they the Same William Booth and John Merrill and Each of them will do the Same for him &a And thereupon the said Charles Cade prays that the said James Smith may give Security for Costs in case he be nonsuit in the plea afd which is by the Court granted him Whereupon Francis Allen of Somerset Gent present herein Court undertakes for the said James Smith that in Case be be nonsuited in the plea afd or otherwise Legally Cast that then the said James Smith shall pay the Condemnation of the Court thereupon and all Costs accrewing to the said Charles Cade or that he ye said Francis Allen will do the Same for him Whereupon the said Charles Cade by George Douglas his attorney Cometh and Saving to himselfe all advantages as well to the writt as to the declaration afd prays Leave thereof to Imparle hereuntill next Court and he hath it and the Same day is given to the afd James here also &a Att Which said next Court to witt Seventeenth day of August ann Dom One thousand Seven hundred and thirty Six Came againe as well the afd James Smith as the afd Charles Cade by their attorneys afd and whereupon the said Charles Cade by George Douglas his attorney defends the force and Injury when &.a and prays they Letters testamentary by the said James Smith into Court brought may be Enrolled and they are Enroll'd in these words Sussex Sup.r delaware ss.t Jacob Kollock Dep Reg.r appointed for the probatt of wills and granting Letters of administration for the County afd by Vertue of a Commission from the Honourable Patrick Gordon by his Majesties royall approbation and appointment Governour of the Countys of New Castle Kent and Sussex upon delaware and province of Pensilvania To me directed to all ^to^ whom these presents shall Come Greeting &.a Know ye that on the fourth day of December 1729 before me the said Jacob Kollock the Last Will and testament of Archibald Smith Late of Lewis Town in the County of Sussex ^afd^ Merch.t decd annexed unto these presents was prov'd approv'd and Insinuated having while he Lev'd and at the time of his death sundry goods Chattells rights and Cred.tts within the said County of Sussex by means whereof |
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Somerset County Judicial Records, 1735-1737
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