Volume 10, Page 160 View pdf image (33K) |
160 Court and Testamentary Business, 1649 50.
Liber B. Husbands, but the plt having made appear to the Court of noe Satisfaccon by him received, It is Ordered that the Deft pay the Sd Tobacco forthwith with Cost of Suit. Mr Henry Adams one of the The Complt as ifeoffee in Trust Trustees of Mr Tho Green deced plt of the Estate of Thomas Green Mr Phillip Land-Deftdeceased Sueth to be relieved
against the Deft for ffive hundred pounds of Tobacco and Cask remaining as he alleadgeth upon a bill of 1470, the date of which with the fuller Scope is menconed by an Order at a Court held the 20th January 1651, The Defdt proveth by Oath that he hath paid two hundred and thirty pounds out of the Said five hundred, It is Ordered that the Defdt make present Satisfaction of the remainder of the Said five hundred which is two hundred and Seventy elce execucon.
Francis Van-en-den plt The Complaynt Sueth for a parcell of Capt Wm Mitchell Deft Pork for which the Deft was to pay him as he proveth by the Oath of Mary the wife of Aurther Glay- hay, one Cow one Yearling Bull one yearling heifer and a Calf of this year's falling & Seven hundred pounds of Tobacco, and p. 298 Cask, The Deft answers that he had not his Witnesses present, and moved the Court to have the Cause respited till the next Court but in respect of an Order wch which past the Court bçfore that the Deft was preremptorily Commanded to bring his Wittness to Answer the Suit this Court, to which request the Court told the Deft that he not performing according to the former Order they would proceed against him Whereupon the Defdt required A Jury. twelve Jurors were Impannelled for that purpose viz. Mr Edward Packer Mr Paul Simpson Mr Walter Beane Mr Wm Marshall John Cage Nicholas Cuszeene Henry ffox Mr John Wade Mr ffrancis Brookes Mr Phillip Land Henry Adams Mr John Metcalfe who having made Choice of Mr Edward Packer their fforeman were Sworn and their Charge given them as followeth viz—That they Should give in a Just and true verdict to the best of their knowledge upon the evidence to be produced them on either party, whereupon the Jurors having Spent Some time upon the tryall returned their Joynt verdict as followeth vizt We find for the plt accord- ing to agreement, The Deft refusing the pits Oath any further, And It is Ordered that the Said Cattle & Tobacco according to the Said Agreement be forthwith delivered & paid, In default whereof execucon to follow this Judgment execuc. ad Satisfac.
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Volume 10, Page 160 View pdf image (33K) |
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