Chancery Court Proceedings, 1679.557

     being desireous to reimburse himselfe the tobacco hee haid paid the Liber P C
     said Vincent in his life time for the purchase thereof, the said
     Complt the three & twentieth day of June 1677 sued Out of Our
     provinciall Court a writt of debt against the said samll Tovey as
     Admr of the said Vincent Atchinson deceased for the said bond, for
     makeing the said Complt a sufficient Deed or Conveyance of the
     same and acknowledgeing thereof as aforesaid, the said Complaynt
     soe farr proceeded in the said Accon against the said Admr that att
     Our Provall Court held att our Citty of St Maryes the tenth day of p. 165
     Aprill 1678 The said Comptt recovered Judgment against the estate
     of the said Vincent in the hands of the said samuell Remayning for
     the penalty of the said bond being the sume of Twenty Thousand
     pounds of tobacco, and five hundred fifty and two pounds of tobacco
     costs of suite, and the said Complt sued Out a writt of ffieri facs out
     of the same Court to the same sheriffe of Kent County directed, to
     Leave the Said debt and Costs of the goods and Chattells of the said
     Vincent in the hands of the said samuell, But the said Sheriffe
     Returned That any of the goods and Chattells of the said Vincent
     in his Baliwick he could not finde whereupon to make the Debt and
     Costs aforesaid, Whereupon the said Complt not being likely to
     reape the fruits of the said Judgment and execucon without hee
     could Discovr what goods and Chattells of the said Vincents came
     to the hands of the said Admr, and how hee had Disposed thereof,
     The said Complt therefore applyed himselfe to the Comissary gen”,
     and procured the said samll to be Cited to rend' an Accompt of his
     admcon of the Estate of the said Vincent, ‘Wth Wch hee being served,
     in obedeince thereunto the said samuell the Eight and twentieth day
     of June last past Did appeare before the said Comissary at his house
     att the Citty of St Marys in pson and then & there Did exhibitt an
     accompt of his said admon to the said Comissary or Judge for
     probate of wills and granting of admons, to wch said accompt of the
     said samll the said Complt did exhibit Excepcons before the Said
     Judge or Comissary, showing for the reasons thereof that the
     said Admr had paid seaverall Debts of the said Deceased that were
     Debts of a Lower nature then the said Compits being Due by bond,
     and seaverall that hee had charged in his said accompt was onely
     Due by bill and accot, The said Judge the first day of July last past
     hearing the said accompt and excepcons thereunto was of opinion
     and soe gave Judgment that the Complts said Excepcöns agt the
     said accot ought not bee allowed because they were against reall
     Debts for a valluable con federacon and the said Complts being onely
     a bond for pformance of Covenants and that the Complt Ought to
     recover the said Land of the heire, And the Three thousand pounds
     of tobacco of the purchase money in the Complaynlt hands remain-
     ing Ought to bee Assetts for the satisfaccon of Creditors and for