Legal Opinion

Hemsley v. Smith

Court of Appeals of Maryland

Decided April 15, 1722No. Lib. W. G. No. 1. fol. 817PublishedCited by 2 opinions

THIS was an action of debt upon a deputy commissary’s bond, executed by the defendant’s testator, as security for William Parker, to the plaintiff’s testator, on the 3d of December 1706, conditioned, “ That if the said “ William Parker, who was appointed deputy commissary 5C by the said John Contee, for Calvert County, shall well “ and truly execute the said office of deputy commissary, “ and make due return of all and singular his proceedings “ therein to the office for…

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THIS was an action of debt upon a deputy commissary’s bond, executed by the defendant’s testator, as security for William Parker, to the plaintiff’s testator, on the 3d of December 1706, conditioned, “ That if the said “ William Parker, who was appointed deputy commissary 5C by the said John Contee, for Calvert County, shall well “ and truly execute the said office of deputy commissary, “ and make due return of all and singular his proceedings “ therein to the office for probate of wills, &c. according- “ to law, and shall also indemnify and save harmless the “ said John Contee, from all…

1Opinion of the Court

Rejoinder : protesting that the personal estate of the said John Ford in the said replication mentioned, amounted to no more than 315/. current money, and that the several debts due from and owing by the said John, and • the charge of his funeral amounted to 50/. current money, which debts and funeral charges were paid by the said Diana, administratrix aforesaid, and protesting that one third part of the residue of the said personal estate, after the payment of the debts and funeral charges, of right did belong and appertain to the said Diana, in the said replication also mentioned as the…

2Cited by2 opinions

  1. Kemp v. CookCourt of Appeals of Maryland · 1861
  2. Ridgeley v. CrandallCourt of Appeals of Maryland · 1853

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