478 PRINCE GEORGES COUNTY
Gainesay the Debt aforesaid nor but that hee oweth the Said Jacob Moorland
and Company the Said Sume of one Thousand four Hundred ninety and five
pounds of Tobacco in manner and forme aforesaid etc.
Therefore it is Considered that the Said Jacob Moorland and Company recover
against the Said Isaac Williams the Sume of fourteen hundred Ninety five pounds
of Tobacco his Debts aforesaid and his Damages by Occation of deteineing the
Said Debt to pounds of Tobacco of their assent by the Court here adjudged
and the Said Isaac Williams in mercy.
James Brooke Plantiffe: Murphey Ward Defendant
James Brooke by William Stone his attorney came here into Court and leaves
here his plaint against Murphey Ward of a Plea of tresspass upon the Case etc.
Therefore it is commanded the Sheriff that he take him etc. if etc. So that he
have him etc. att the next Court to be held here the 4th Tuesday in March 1699
att which day the Sheriff returneth that hee hath taken the body of the Said
Murphey Ward.
And because the Sheriff hath not here the Body of the Said Murphey Ward
therefore the Said Sheriffe in Miserecordia etc.
John Deavor Plantiff: John Hackett Defendant [incomplete entry]
[415] David Small Plantiff: John Cash Defendant
John Cash Late of Prince Georges County was atteached to answer unto David
Small of a Plea of Tresspass upon the Case etc.
And whereupon the Said David by Joshua Cecell his attorney Compleineth
that whereas the Said John Case the 25th day of January in the year of our Lord
1697 [1698] att Charles Towne within the Jurisdiction of this Court Stood in-
debted unto the Said David in the Sume of Nine Hundred and forty Six pounds
of Tobacco being So much Tobacco hee the Said John Cash did promise to pay
to the Said David upon the account of John Meryton as by a noate Subscribed
with the proper mark of the Said John Cash and here ready in Court to be pro-
duced relation being thereunto had may more att Large appear and the Said
John to the Said David in manner aforesaid being indebted in Consideration
thereof the Said John Cash did assume upon himselfe and to the Said David then
and there faithfully promise that he the Said John Cash the Said Sume of 946 lbs.
of Tobacco when hee Should bee afterwards thereunto requested unto the Said
David would well and truely content and pay Nevertheless the Said John Cash his
promise and assumption aforesaid not regarding but mindeing and fraudulently
intending him the Said David in this behalfe Craftily and Subtilly to deceive and
defraud the Said Sume of 946 lbs. of Tobacco or any part thereof to the Said David
hath not Paid, although the Said John Case to pay the Same by the Said David
afterwards the Day and place aforesaid and att Severall other dayes and times Since
was often thereunto Requested but the Said John Case the Same to pay to the
Said David hath hitherto denyed and Still doth denye to the Damage of the Said
David of 1500 lbs. of tobacco and thereof hee bringeth this Suite etc.
Pledges to prosecute John Doe, Richard Roe Joshua Cecell
The Defendant is his propper Person came into Court and Saith that he cannot
Gainesay the Debt aforesaid, nor but that hee oweth the nine hundred forty Six
pounds of Tobacco in manner and forme aforesaid etc.
Therefore it is Considered that the Said David Small recover against the Said
John Cash the Sume of nine hundred forty six pounds of Tobacco his Debt afore-
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