Volume 49, Page 61 View pdf image (33K) |
Provincial Court Proceedings, 1663. 61 just possesn of them, hee the deft agst the plf doth detaine, wthhold Liber B B & keepe; is to the ptfs Dammage, Two Thowsd pownds of Tob, Wherefore (the premises Considered) the plf of this honble Court prayeth Judgmt to bee possessed of the sd mare & her encrease, as likewise for his dammage & Cost of suite The Letter By his Attorney Thomas Notley. - . . fol. 109. Re- The Deft (after halfe an hower Respite graunted him by th corded. Board) Denyeth this whole DeclaraOn. Robt Robins. Leiut John Bogue in ditt sayth That this mare now in question was Mrs ifenwicks mare, shee sold to Mr Robt Taylor for the use of Mr Robt Clarke, And wth this Depont did deliuer by Mrs [p. 97] ifenwicks order to John Clarke for Mr Robert Clarks use, and further that this is That uery mare. Cuthert ifenwick gentn sayth uppon Oath That in his Consciance hee beleiueth That this that mare wth his mother sold to Mr Clarke, for tht shee hath the same Eare marke and other naturall marks. Ignatius ifenwick gentn Jurat idem cum Cuthbert. Willm Mills sayth uppon oath That this is the mare wch Mrs ifen wick sold for Mr Clarks use, And tht hee this Depont marked her himselfe in the Left eare, & tht shee hath the naturall marks. The Deft confesseth the Conuersion. Humphrey Attwicks sworne sayth, That hee demanded this mare in question, By reason shee was like such a mare wch was brought from the Dutch for Robert Robins, Hauing the uery same marks wch this mare hath. The Judgmt of the Board is tht Robert Clarke plf recouer the sd mare, now in question, & her encrease from Robert Robins deft, And tht the sd Robins pay all Costs of suite & six pence dammage. To the honble the Gour & Councell. The Petn of Robt Slye Admistrator to the Estate of Samuel Smith Deceased, in behalfe of seuerall prsons who liath instructed & imporcd him yor Petr to act on their behalfes they being Credrs of the sd Deceased, Humbly Sheweth That whereas there is in the hands of yor Petr seuerall Debts & Judgmts due to the Estate of the sd Deceased to the ualue of about 7000£ Tob, Besides 4000£ tht this honble Court ordered to Remaine in yor Petrs hands till Capt Willm Battin were secured from Cornelius Stenwick, Richard Lord, & Augustine Herman wch 4000£ Tob, being due to the sd Stenwick, yor Petr humbly Craues the opinion & appro baon of this honble Board whither bee may not wth safty satisfy the sd 4000£ Tob & Cask, to Cornelius Stenwick, And to the Rest of the Creditors the Remainder of Debts due to the Estate of the sd De ceased proportionably, according to the ualue of each mans Debt, soe |
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Volume 49, Page 61 View pdf image (33K) |
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