Provincial Court Proceedings, 1660. 439

Vpon the peticon aforesaid it is ordered that a Writt of partition
be issued out calling all partyes concerned as Creditors to the Estate
of Richard Turney to be there by themselues or some for y^m at the
partition of the said land as aforesaid

Liber
P. C. R.

Tuesday the 26^th of Febr.

M^r Nicholas Morris demands a writt to arrest Gregory Murrell
in an accon of tenn thousand pounds of tobacco and caske Warr^t
mde .... County ret the next Pro^al1 Courte.

Feb. 26

Morris
v. Murrell

The plt sues for Eight hundred forty foure pounds of sweete
scented tobacco which the def^t owes him and thirty Eight pounds
of Arranoko tobacco at one pound p pound The Testimony pro-
duced doth averre that the three hhds in the deposicons menconed
were received as Sweete scented tobacco which was in Reckoning two
pounds Arranoke for one pound of sweete scented And the Ballance
of the said sweete scented tobacco being Eight hundred forty foure
pounds It is ordered that the def^t pay the said Eight hundred
forty foure pounds Sweete scented tobacco at 2^H Arranoko p^tt And
38^ll Arranoko Tobacco with Costs of Suite in this Cause.
Vpon the mocon of the def^ts Attorney to haue the opinion of the
Courte to the repaym^t of the said Sweete scented againe at 2^lb for
one according as it was received vpon which the Courte giues their
opinion, that it shall be good pay provided it be not dampnifyed and
that the tobacco be deliuered him on his owne Plantacon
The Examinacon of Jeremy Harrington taken before the Pro^a11
Courte the 26^th of February 1660

The said Examinatt being duely sworne and Examined Sayth
That he was p^esent when the plt and def^t were makeing a bargaine
aboute the tobacco, and after long talkeing together aboute the price
of the tobacco, at length the def^t Thomas Hethcott being ready to
goe away the plt wished him either to giue him two pounds a pound
for the tobacco, or take away the Mayde Servant he tould the plt
and leaue the tobacco, and yet the def^t rouled away one hhd of to-
bacco at that price yo^r pet^r supposes as aforesaid
Jeremy H i Harrington
Sworne in open Courte Peter Bathe Clk: his marke
The Examinacon of M^r John Metcalfe taken before the Courte
the 26^o of February 1660

The said Examinat being duely sworne and Examined Sayth that
at that tyme when Nicholas Keyting was deliuering the tobacco to
the def^t Thomas Hethcott, the said Keiting desired him to goe and
take the weight of tobacco and then the said Nicholas sayd that there
was three hhds of tobacco .... was sweete scented whereupon M^r

p. 442
Nicholas
Keiting v.
Thomas
Hethcott p
Attorn.
Thomas
Bennett