104 Provincial Court Proceedings, 1679/80.

Liber W. C.

in the fifth yeare of the Dominion of the right Hon^ble Charles Lord
Baltemore &c Annoq Doni 1679 came the said parties by their At-
torneys aforesaid And the said George Wells by his said Attorney
saith, that the aforesaid James Mills ought not to haue his action
aforesaid against him because he saith he is not Ex^r of the last Will
& testam^t of James Ives deceased, as the aforesaid James Mills by
his writt aforesaid supposeth, & this he is ready to verifie, where-
upon he prayeth judgem^t of that writt &c. An the said James saith,
that he by any thing above alleadged from haueing his action afore-
said ought not to be debarred, because he saith that the said George
Wells is Ex^r of his owne wrong of the same James Ives deceased,
& divers Goods & Chattles which were of the said James Ives att
the tyme of his death did Administer & dispose to the Value of the

p. 94

debt aforesaid, out of which The said p^lt his debt aforesaid
might have bin satisfied And this he prayeth may be enquired of by
the Countrey, And the Defend^t also. Therefore itt is comanded
the Sheriffe of S^t Maryes County that he cause to come here twelve
&c by Whom &c and who neither &c to recognize &c because as
well &c
On which said Eighteenth day of ffebruary in the yeare afore-
said, came as well the said p^lt as the said Defend^t by their Attorneys
aforesaid And the jurors impannelled, being called likewise came to
witt, Tho: Cosden, Joseph Tilley, Marmaduke Semme, Sam^l Holds-
worth John King, W^m Husbands, Tho: Sedgwick, Rob^t Mason,
W^m Harris, Tho: Alcock, John Bouchier & Herman Norton who
being Elected tryed & Sworne to say the truth in the p^rmisses upon
their Oathes doe say that the said George Wells is Ex^r in of his owne
wrong of the said James Ives Therefore itt is considered that the
said James Mills recover against the said George Wells his damages
by occasion of the p^rmisses, but because itt is not knowne what
damages the said James hath sustained by occasion thereof. Itt is
therefore ordered that a writt of Enquiry of damages issue, return-
able att the next Provintiall Court

John Richardson]

ag^t

W^m Dare Adm^r

John Parker

The Same]

ag^t

the same

The same

ag^t

The same

W^m Burges

The Defend^ts by Robert Ridgely their Attorney

ag^t
Richard Hill I

appeare & imparle untill next Cnnrt