Volume 57, Page 18 View pdf image (33K) |
Provincial Court Proceedings, 1666. Liber FF that Whereas the said Wm Price stands Endebted unto yor Complt: by bond bearing date 7th Octobr 1664 in the sume of Thirety Thow- sand pounds of tobacco and Caske as by the said Bond upon rec- ord in this Court will appeare Now soc it is that the said Price utterly denyeth and still doth deney to pay the same unto yor petitionr to his greate dathage Whereupon he bringeth his accon and prayeth Order of this honble Court for speedy paymt thereof and Cost of Suite And he shall pray & The defendt Craues till tomorrow to put in his answere Which was allowed by the Board Wm Hollingworth plt The plt not appearing resplted by the Board Wm Price defendant funtill tomorrow morning Abraham Rowse plt , Suite fall n—new accon commenc' d William Hempsted deft Henry Hare plt Compounded Jonath: Sibrey deft Wm Leeds plt noe returne made by the sherriffe of Talbott Henry Clay deff County, Whereupon Ordered the sherriffe doe shew Cause next Prouinciall Court why hee made noe returne thereof [p.218] Thomas Gerrard plt This Cause resplted since last Cort The Pro- Richard Foster deftfceedings then being read, the plt: saith the time exprest in thc Indenture is expired and rent not tender'd according to the tenor thereof therefore forfeited to the first Enjoyer The deft desires the Oath of Marmaduke Snow may be taken therein as followeth saith that upon Christmas day last was twelue month Richard Foster tender'd a heifer to this deponant for that yeares rent, and desired him to giue him a new lease, this depnt answered he had nothing to doe wth it, being askt where he tendred, answered att Mattapenny The plts Attorney alleadgeth it ought to haue been tendred to mr Gerrards Persons or to his Assignes, Conceiuing the tender not to be good in law, and that the tender was not made untill such time that the lease was expired, being then Calculated from 1643 untill Christmas 1664 it was found tender'd wthin the time The plt desires the deft may produce his lease and by what title he holds this land, the defendt alleadg'd he Did produce it last Court but had it not now about him, after many disputes and the plt not producing his Euidence according to the Ordr and resplte of last Prouinall Court, the deft desires a full dismission from this Cause that he might not be any longer troubled in this suite |
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Volume 57, Page 18 View pdf image (33K) |
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