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Charles County Court, Court Record, 1746-1747
Volume 862, Page 60   View pdf image
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60)                  March Court Anno Domini 1746

    And Whereupon the said John Chesley by Thomas Clark his
Attorney Saith that whereas the said James & Ignatious on the Twenty fifth day of
October In the year of our Lord One Thousand Seven Hundred and forty Six at Charles
County afs.d by their Certain Writing obligatory with the Seal of them the said Ja.s &
Ign.s Sealed and here in Court produced whose date is the day and year afs.d Acknowledged
themselves to be held and firmly bound unto the said John in the sum of Thirty Two
Pounds Two Shillings Sterling to the said John when thereunto afterwards they should
be requested   Nevertheless the said James and Ign.s altho often Requested the s.d sum of
Thirty Two pounds Two Shillings Sterling or any part thereof to him the said John hath not
Paid or in any sort Contented but the same to him the said John to pay or in any sort to
Content hath hitherto Altogether Refused and still doth Refuse to the Damage of him the s.d
John sixty four pounds four shillings sterling and therefore suit is brought &Ca
                                                                                                                   Pled.s &C.a

    And them the afs.d Ja.s & Ign.s by Henry Darnall their Attorney Comes and defends the force
and Injury when &C.a and prays a hearing of the Writing Obligatory and it is Read unto them they also
pray a hearing of the Condition of the same Writing and it is Read unto them in these Words Viz.t

The Condition of the above Obligation is Such that if the above bound Ja.s Middleton
and Ignatius Gardiner or Either of them do and shall well and truly pay or Cause to be paid unto
the said John Chesley his Certain Attorney Ex.rs Adm.rs or Assigns the Just and full sum of
Sixteen Pounds one shilling sterling at or upon the first Day of March Next Ensuing
the date hereof with Legal Interest for the same then the above obligation to be Void Else
to Remain in full force and Virtue ^in^ Law but if default be made in the payment of the said
Sum of Sixteen Pounds one shilling sterling and Interest then we Impower any attorney
in any Court of Record in the Realms of Great Britain France or Ireland or within the
Province of Maryland or other his Majesties Dominions to appear for us at the suit of the
abovementioned John Chesley and to Receive a Declaration on the above Obligation & thereupon
to Confess Judgment by Nildicit Cognovit Actionem Nonsum Informatus or other
wise hereby Releaseing all the Errors that may happen upon the said Judgment Suing out
Execution thereupon or in any of the proceedings thereunto Relating

Which being Read and heard them the said James and Ignatious by their Attorney afs.d
Comes and defends the force and Injury when &C.a and the said Attorney saith that he is not
Informed by them the said James and Ignatious of any Answer to ^be^ given for ^them^ the said Ja.s & Ign.s
to the said John in the Premises nor hath they any other thing to say thereof in Barr or
Preclusion of the Action afs.d of him the said John whereby the same John Remains against
Def.t in mer   them the said James & Ignatious thereof undefended
                                                                                                        Therefore it is Considered
that the said John Recover against the the said James & Ignatious his Debts & Costs afs.d &
his Damages by Occasion of Detaining that Debt to four Hundred and Eighty One
Pounds of Tobacco to the same John on his Assent by the Court here adjudged and them the s.d
Def.t in Mer   James and Ignatious in Mercy &Ca       Mem.o the plf.s Releases the penalty on
                                                                                 payment of Prin.l Interest & Damages

TC  John Chesley
               vs
HD  James Mudd
Debt on Judgment Bond

Judgment by Nonsum Informatus

Charles County ss.t  James Mudd late of Charles County Planter otherwise Called James
Mudd of Charles County Planter was summoned to Answer unto John Chesley of
a Plea that he render unto him in the full sum of Sixteen Pounds sterling which to
him he Owes ^&^ Unjustly Detains
                                                                                                                (And)


 
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Charles County Court, Court Record, 1746-1747
Volume 862, Page 60   View pdf image
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