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70) March Court Anno Domini 1746 Thereof nor for the same in any sort Contented but the same to him to Pay hath hither to Altogether Refused by Virtue of which assignment and of the Act of Assembly action hath accrued to the said John to have and Require of the said Rich.d the afs.d Sum of Twelve Thousand Two Hundred pounds ^of^ Good Sound Merchantable Leaf Tobacco in Cask afs.d Yet the afs.d Richard altho' often Required the afs.d Sum of Tobacco to the said John hath not paid Rendered or paid but the same to him to Render and pay hath hither to altogether Refused & Stil doth Refuse to the Damage of the said John Twenty Thousand pounds of Tobacco and and therefore he brings suit and so forth and he brings hereinto Court as well the Writing obligatory aforesaid as the Writing of Assignment aforesaid which the Debt and Assignment thereof as afs.d Testify the dates whereof are the several days & years aforesaid John Doe Pled.s &C.a & Rich.d Roe And the said Richard Gambra by Thomas Clark his Attorney Comes and defends the force and Injury when & so forth and prays a hearing of the Writing Obligatory afs.d & it is Read unto him and he prays a hearing of the Condition of the said Obligation & it is Read unto him in these Words The Condition of the above obligation is such that if the above bound William Theobalds Richard Gambra & Thomas Mudd their Heirs Ex.rs or Adm.rs do & shal will and truly pay or Cause to be paid unto the said Corn.s Sandford his Certain Atty Ex.rs Adm.rs or Assigns the Just sum of Six Thousand one Hundred pounds of Good Sound Merchantable leaf Tobacco in Cask in Charles County at or upon the First day of January 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 Six Thousand one Hundred pounds of Tobacco afs.d then we Impower or 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 Majesty's Dominions to appear for us at the Suit of the abovementioned Corn.s Sandford his Ex.rs Adm.rs or assigns and to Receive a Declaration or Declarations on the above obligation & thereupon to Confess Judgment by Nildicit Cognovit Actionem Nonsum informatus or otherwise hereby Releasing all the Errors that may happen upon the said Judgment suing out Execution thereupon or in any of the proceedings thereunto Relating The following Assignment was Annext to the foregoing Bond Maryland Charles County ss.t Know all men by these that I Corn.s Sandford of Charles County in the province of Maryland Innholder Whereas W.m Theobalds Richard Gambra & Thomas Mudd of Charles County Planter by their obligation bearing date the Eleventh day of August Seventeen Hundred and forty six are and Stand bound unto me the said Corn.s Sandford in the Sum of Twelve Thousand Two Hundred pounds of good Sound Merchantable leaf Tobacco in Cask with Condition for the Payment of Six Thousand one Hundred pounds of Good Sound Merchantable leaf Tobacco in Cask in Charles County at or upon the first day of January Next Ensuing the date hereof as by the said obligation doth more fully appear Now know ye that I the said Corn.s Sandford have hereby ^made^ ordained Constituted & appointed & Authorized John Muschett of the County and Province afs.d Merchant my lawfull Attorney in my Name and for his own & Company's Use and Behooff to Ask Demand Receive Sue for and Recover the said Sum of Tobacco in the afs.d Bond mentioned against the said W.m Theobalds Richard Gambra & Thomas Mudd or Either or any of them as to him shall seem fit & Generally to Act and do therein to final Judgment & Execution in as large full and ample a manner to all Intents and Purposes as I the said Corn.s Sandford May can might could should or ought by Virtue force or Reason of the said Recited Obligation In Witness whereof I have hereunto Ret my hand and seal this Twenty Seventh day of February in the year of our Lord Seventeen Hundred and forty Six Seven Sealed & Delivered Corn.s Sandford (H) In the presence of the words to Act & Companys being first Interlined JChase |
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Charles County Court, Court Record, 1746-1747
| Volume 862, Page 70 View pdf image |
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