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Somerset County Judicial Records, 1735-1737
Volume 851, Page 250b   View pdf image
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    August Court               1736                250

him he unjustly detaines &a  hereof fail not at your perill and have you then and there this writt Wittness John
Smith Gent one of our Justices of our said Court the 20.th day of march in the 21.st Year of our Dominion &a  anno Dom
1735   Francis Allen   Thomas Hayward Cl which being read and heard the said Charles Cade prays Judgm.t
of the writt afd because he says that in the afd testamentary Letters it is Contained that administracon of
all and Singular the goods and Chattells Rights and Creditts of the said Archibald Smith was Committed to Rob.t
Smith during the Minority of James Smith who was Nominated Executor by the said Archibald in his Last
will and testament and to no other person whatsoever wherefore for that the Letters testamentary do not
warrant the said James Smith to prosecute any action against the said Charles Cade and the said Charles prays
Judgm.t of the writt afd and that the said writt may abate                    Whereupon the afd Charles Cade prays
that the same James Smith to the plea of ^him^ the same Charles may reply upon that day is given by the Court
now here to the afd James to reply to the afd plea of the afd Charles and it is said to the Same James by
the Court here that he at that Same day reply at which day Came the afd Charles by his attorney afd and the afd
James altho' Solemnly Called cometh not nor to the plea of the afd Charles replieth nor is his writt & declaration
afd against the afd Charles further prosecuted

       Therefore it is Considered by the Court here that the afd James Smith Executor of the Same Archibald
Smith dec.d take nothing by his writt and declaration afd but that he and his pledges of Prosecuting to
witt John Doe and Richard Roe are in mercy and that the afd Charles Cade goe thereof without day &.a


GD  Joseph Macclester
                  @
FA  Thomas Lambden
 Somerset sst    Thomas Lambden late of Somerset County Merchant
otherwise Called Thomas Lambden Mercht of the County afd was somoned
to answer unto Joseph Macclester sheriff of a plea that he render unto
him eight thousand pounds of Good sound marchantable leaf tobacco in cask which to him he
oweth and unjustly detains &c

And Whereupon the said Joseph by Geo: Douglas his attorney says that whereupon
the said Thomas Lambden the third day of september Anno Dom seventeen hundred and thirty
five at somerset County afd within the Jur of this court by his certain writing obligatory which
the said Joseph sealed with the seal of the said Thomas hereinto Court brings whose date is the
day and year afd did acknowledge himself to be held and firmly bound to the said Joseph Macclester
by the name of Joseph Macclester sheriff in the full and Just sum of eight thousand
pounds of good sound merchantable leafe tobacco in cask to be paid to the said sheriff his heirs
Ex.rs administrators or assigns  when he the said Thomas should afterwards be thereunto
required  Nevertheless the said Thomas the said eight thousand pounds of tobacco
to the said Joseph hath not rendered but the same to him to render hitherto hath denyed
                                                                                                                            (and)


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Somerset County Judicial Records, 1735-1737
Volume 851, Page 250b   View pdf image
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