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Depont brought the sd horse to Mrs ffenwicks, shee sayd tht shee
knew him by nothing but by his naturall marks, & further sayth not.
I Cuthbert ffenwick am able to sweare to all this as John Bogue
in his tormer Deposn, Excepting only, 1 doe not remember tht I heard
Mr Mathewes say, tht Capt Cornwaleys had made the horse, wthin
mentioned, to swimme ouer St Inegos Creek into Mr Mathewes neck
of Land.
Cuthbert ffenwick.
Martin Kirk aged 42 yeares sworne sayth, That about Michaelmas
last was fowre yeares or thereabouts, this Depont comming from St
Marie to his owne howse, & sitting downe in the woods to take a pipe
of Tob. did see a white roand horse colt, wth a white streake downe
the face, quite to the nose & did see the sd Colt runne to Mrs ffenwicks
white mare (wch Doctor Barber now hath) & suck her. This was
uppon the left hand of the path, And uppon the right hand of the path
there was a Roand Mare, & a Browne Bay Colt, & a Black mare &
Colt, & many other horses, but whose they were this Depont knoweth
not. And this Depont further sayth tht the Roand horse now in the
possesn of Mrs Jane ffenwick is the same horse tht hee saw suck Mrs
ffenwicks mare in the woods as aforesd & further this Depont sayth
not.
The Deposns appearing positiue, It is Ordered tht Mrs ffenwicke
keepe & possesse the sd horse.
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Liber
P. C. R.
p. 242
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In this Cause John Anderton Gentn deposed Sayth, That Mrs Robt
Taylor told Mrs Eltonhead when shee deliuered the note, for to
demand his the sd Mr Taylors Bill from Willm Berry, That hee would
pay her the Order of Court wch was fiueteene hundd pownds of Tob,
And tht hee was glad hee had tht note to demand his Bill in, & would
rather pay it to her, then to another. And tht that Bill due from Mr
Taylor, was belonging to Mr Scarborough.
Whereas the plf by writt of scire-facias hath summond Mr Robt
Taylor & James Veitch unto this Court, to shew cause why Judgmt
should not passe, And Exeqr issue forth agst the Estate of Mr Ed-
mond Scarborough (according to a former Order of Court in this
prouince) for ffiueteene hundd pownds of Tob & Cask, There being
much more of the sd Scarboroughs Estate in their hands as shee
supposeth. The sd Tayloe making appeare to the Court th' hee hath
payd out of a Bill due to Mr Scarborough of Two thowsand three
hundd pownds of Tob, by Execuon & Receipt one thowsand fowre
hundd Twenty seauen pownds of Tob. It is Ordered tht the sd Mr
Taylor pay the Remainder of the sd Bill to witt seauen hundd seau-
enty Three pownds of Tob unto the plf , And tht the plf be left, to gett
the residue of her demand, according to law elsewhere.
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Mrs Jane
Eltonhead v.
Mr Edm:
Scar-
borough
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