Volume 53, Page 555 View pdf image (33K) |
Charles County Court Proceedings, 1662-1666. 555 not only to demand thear seuerall just dews but to threaton to leuy Liber B the same one the Plantiue by way of Execution and for quietnes sake the Plantiue hath Payd unto Mr James Neale for his Cosin henry Neale 210 pounds of tobacco to william Gother 210 and still thear remaynes unsatisfied Mr Robert Hendly whose Charge is 210 and to Mt Thomas Hussey 210 who haue threatned to leauy it by way of Execution one the Plantiue and to George Thompson for his going and Coming to and from St Maries and Atturneyshipe foure hun- dered pounds of tobacco for all which your Petioner humbly Craueth order of Court: that the sayd That the sayd Robins according to his [p.421] discharg may satisfie what is unsatisfied and Repay unto the Plan- tiue what hee hath disbursted with Cost and Charge of suit: In Confirmation of the aforsayd declaration the Plantiue Pro- duced the defendants discharge Recorded in this Record folio 153 Whearupon the Defendant obiecteth against the discharge alleag- ing that of itself it was inuallid becaus it was interlined and not befor assigment the interline in wrighting mentioned Thearupon the Plantiue humbly Requesteth that W Henry Ad- dames and Mr George Bradshow might haue thear oaths giuen them Concering the Praemisses which was granted Mr Henry Addames Sworne and examined in open Court sayeth that hee witnesed that discharge but wheather or noe it was inter- lined when it was signed hee knows not and further sayeth not: Mr George Bradshow sworne and examined in open Court sayeth: that to the best of his knowledge the interlining was interlined befor the seigning of the discharge and that hee this deponant wright it: and further sayeth not: The defendants acknowledge that it is a discharge but a bad one Whearupon Mr Mathews and Mr Beane urged that this buisnes might bee tried by a Jury but neather party Imbracing of it Mr Mathews [p. then desired Mr Marshall to giuc in his voat Concerning the Authen- ticknes or invaliditie of the discharge who giuing in his opinion voated the discharge invallid: whearupon the Plantiue immeadiatly Craued A Jury which was denied them seeing thay woold not im- brace it when it was profered: and then it was by the whole board voated inualid The Court is Adiourned till the 12 of february till eight of the Cloke in the Morning At A Court held in Charleses County the 12th of January february Ao 1664 Presentes Mr Henry Addames . . Mr Thomas Mathews Commissioners Mr James Lendsey Mr W illiam Marshall |
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Volume 53, Page 555 View pdf image (33K) |
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