.MTQ2NA.MzgyMw

From Transcribe Wiki
Jump to: navigation, search

{ 328. October Court, 1754.

declaration mentioned, the Plt. joined the Issue, & the Trial thereof is referred till the next Court.

In the suit on scire facias brought by James Hunter William Talliaferro Fielding Lewis, & Charles Dick Excurs. of the last Will & Testament of William Hunter dec'd. against William Fitzhugh, Esqr. & Francis Thornton Gent. acting Execurs. of the last Will & Testament of Gilson, Berryman dec'd. by consent of the Parties the Issue in this Suit to be tried by a Jury is waved & the sd. William & Francis confessed Judgment to the sd. James Hunter, William Tallieferro, Fielding Lewis & Charles Dick for six pounds two Shillings & one penny & one hundred & four pounds of nett Tobo. It's thereupon considered by the Court, that the sd. James Hunter, William Talliaferro, Fielding Lewis & Charles Dick have Execution for the Same of the Goods & Chattles of the sd. Gilson in the Hands of the sd. William & Francis of so much of the sd. Goods & Chattles they have in their Hands, & if they have not so much in their Hands then the Costs of the proper Goods & Chattles of the Execrs, of the sd. Gilson.

In the action of debt between Charles Stuart & Co. Plts & Francis Broox deft. by consent of the Parties the Issue in this Suit to be tried by a Jury is waved, and the deft. came into Court & confessed Judgment to the Plts. for forty two pounds eighteen Shillings & eight pence its thereupon considered by the Court that the Plt. recover the same of the sd. deft. & their Costs by them in this behalf expended. But this Judgment is to be discharged (the Costs excepted), on Payment of twenty one pounds nine Shillings & four pence with Interest thereon from the first day of April one thousand seven hundred & fifty three till paid

Ordered that Charles Hinson be allowed three pounds ten Shillings out of the Estate of Charles Birchell dec'd. for attending William Birchall, son of the said Charles in his Sickness & for burying him ~

In the Action of Trespass upon the Case between John Taylor Esqr. Plt & William Davis, deft. the Plt. failing to prosecute his Suit on the defts..Motion he is & ordered to pay the sd. deft. damages according to Law & costs.

In the Action of Trespass upon the Case between James Wren Plt. & Nathaniel Harrison Esqr. acting Execr of the last Will & Testament of William Walker decd. deft. the Issue in this Cause to be tried by a Jury is waved and agreed that the same should be submitted to the Court, who are of Opinion that the Plt. recover thirteen pounds five Shillings of the Goods & Chattles of the sd. Testator in the Hands of the sd Nathaniel if so much of the sd Goods & Chattles he hath in his