Volume 833, Page 483 View pdf image |
June Court 1720. 483 Jurisdiction of this Court by his Certain Writing Obligatory which he the Sd Deft Sealed with his Seal and as his deed delivered here into Court brought the date whereof is the Same day and Year afd. Granted himself holden and firmly bound unto the afd plt in the afd Summ of one thousand pounds of Every way well qualifyed Tobacco Clear of all manner of Ground Leaves or Trash in well Seasoned Cask of the afd value of Tenn pounds Sterling money to be paid to the Sd plt on the Sd Defts dwelling planntation when thereunto required. Yett the afd. Deft. altho often required the afd. Summ of one thou= = and pounds of Tobacco to the afd. Plt hath not paid but that to him to render or pay hitherto hath deneyed and Still doth deney and unjustly detain to the damage of the afd Plt. twenty pounds of like money afd. and thereupon he brings Suite &ca. Bowne pr Querr Plds Jno Doe Rd Roe Whereupon at the Prayer of the pltf the Deft. is adjudged to give Special Bail to the action afd. Thereupon James Smith of Kent County Gentn. present here in Court Undertakes for the Sd Samuell Phillips that in Case the Sd William Frisby Shall recover Judgemt. in the plea afd. against the Said Samuell Phillips or that he the Said Samuell Phillips Shall be therein Convict that then the Sd Samuell Phillips Shall pay the Condemnation of the Court thereupon or render his body into the Custody of the Sherf of Kent County in Satisfaction thereof or that he the Sd James Smith will do the Same for him. And now at this Court vizt. the 28th day of July anno Domi 1720. the afd. Deft. here in Court present in His proper person Comes and defends the force and Injury when &ca. and Says that he cannot Gainsay the Sd. Pltf his accõn afd. SO as afd. against him brought nor can he Say but that the Sd pltf ought to recover his Debt by occasion of the premisses afd. to the Summ of one thousand pounds of Tobacco and Costs of Suite agst: him which the Sd Pltf does not gainsay. Therefore it is Con= Sidered by the Justices here the 28th day of July Anno Domi 1720 afd. that the Sd William Frisby Recover against the Sd Samuell Phillips as well the Summ of One thousand pounds of Tobacco his Debt afd. in form afd. Confessed as also the the Summ of three hundred and twenty two pounds of Tobacco by the Court here adjudged to him for his Costs and Charges by him about his Suite in this laid out and Expended and the Deft. in mercy &ca. Jams Smith Clk |
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Volume 833, Page 483 View pdf image |
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