Court and Testamentary Business, 1649 50.65

        and what is laid out vpon her for her vse and improvemt In Liber A.

        witnes to WCh I haue sett to my hand the day & yeare aboue

        Written

          Witnessed by these prsents    Robt Simpkin

          Willm Chappell

          Tho. Coles his marke

        At a Court held at St Maries  The Governor. Thomas Greene Esqr

        xo ffebruary Anno dni. 1650   Capt John Price Mr Thomas Hatton &

                               Thomas Gerrard Esqr who was this

                               day sworne of the Counsell

        Edward Scurfield Marriner plte      The Plaintiffe sueth for 900 and

        Raphe Beane deftodd pounds of Tobacco in Caske

        due to him from the deft two yeares since for goods sold &

        damages. Wherevnto the deft denyed hee owed him any

        thing. And saith hee onely bought a Rugg of the pite about

        the time before menconed for wch bee was to pay him 300'

        Tob. in Caske wch bee paid him in Virginia together with soe

        much more for Walter Beane and Robert Cager as came to

        three hogsheads aboard Mr Husbands Shipp, then riding in

        James River. And the pite acknowledged the delivery of

        the Tobacco aboard the said Shipp and that it was there

        weighed & marked, but saith bee did not accept of it there

        for paymt in regard it could not bee carryed for England in

        that Shipp but that the defendt agreed to carry it in his Boate

        from hence, to Mr Ludlowes vppon Yorke River, and there

        to deliver the same for the pltes vse where hee was willing to

        accept thereof, but that the deft failed soe to doe And the

        defendt averred that the pite accepted of the said three hhds of

        Tobacco for paymt aboard the said Shipp, but that at his

        request bee tooke it againe aboard his Boate to carry it to

        Mr Ludlowes where hee endeavoured to put it a shoare into

        Mr Ludlowes Storehouse, wch being full as Mr Ludlowe

        informed him, hee not knoweing howe otherwise to dispose

        thereof, and the winde comeing faire for Maryland hee was

        forced to bring the said Tobacco along with him to his dwelling

        House or plantacon where it hath beene ever since ready for

        the pite But the pite alleadging he can bring proofe that Mr

        Ludlowe would haue taken the Tobacco into the Store and

        that bee never tould the deft his Store House was full. And

        the defendt agreeing vppon this proofe made to give the plte

        satisfaccon for the whole debt being 28 l of Tob: aboue the

        three hhds It is therevppon ordered that in case the pite

        procure the said 3hhds of ‘Tobacco to bee veiwed in the defts

        Tobacco House by two or more sufficient men within one

        moneth (wherein the deft is to assist him) and accept of soe

        much of the said three Hogsheads as the said Veiwers shall