Volume 859, Page 11b View pdf image |
March Court
1736
11 the same Elizabeth and Elgate still do refuse to the damage of the same John forty pounds & therefore he brings suit &c And the aforesaid Elgate Hitch and Betty his wife Executrix as aforesaid in their proper persons come and defend the force and Injury when &c and say that they cannot deny the action afd of the afd John Handy nor but that the Same Ebenezer in his life time did assume upon himselfe in manner and form as the afd John above against them hath Complained and as to the damages of the Same John by him by occasion of the premisses in that part Sustained the Same Elgate & Betty say and acknowledge that the afd John has Sustained damages by occasion of the premisses beyond his Costs and Charges by him about his Suit in that part apposed to twenty one pounds and five pence Currant money of maryland and not more and because the afd John denys not ^this^ but believes the Same allegation to be true prays Judgment and those damages above acknowledged together with his Costs and Charges afd to him to be adjudged &c Therefore by Consent of the parties afd it is Considered that the afd John Handy recover against the afd Elgate Hitch and Betty his wife Executrix of the afd Ebenezer Handy his damages afd to the afd twenty one pounds and five pence Curr.t money of maryland by the same Elgate and Betty in form afd acknowledged also three hundred & thirty Seven pounds of tobacco for his Costs and 337 Charges afd to the same John at his request by the Court here of the assent of the parties afd adjudged to be Levied of the goods and Chattells which were of the afd Ebenezer at the time of his death in the hands of the afd Elgate and Betty being to be administred is so much thereof in their hands they have to be administred and if they have not than the Costs afd to be Levied of the proper goods and Chattells of the same Elgate & Betty and the afd defend.ts in mercy &c
Whereas James Rownd hath made oath on the holy evangelist of almighty God that the above Account is Just and true and that he hath Receved nither part or parcell of the same or any Caution or Security for the same more than what he hath given C.r for and hath made oath that the said Cutler is gone away Purely to deceive and defraud his Creditors These are therefore in his Lordships name to Command you to Issue out attachment against the said John Cutler and this shall be your Warrant given under my hand this 6.th day of November 1736 Ed Rownd To M.r Thomas Hayward Clarke Somerset County Pursuant to an act of assembly in this province now in force and in Obediance to the abovesaid warrant was |
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Volume 859, Page 11b View pdf image |
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