Provincial Court Proceedings, 1668. 301

      This Cause being resplted last Court the deft alleadging he could Liber FF
     produce sufficient discharges, which were now counted insufficient
     discharges for the Satisfaction of the said debt, judgmt for the pt
     with costs.

     The Court adjourned till two of the Clocke in the afternoone.

           The Court a!! meet as in the morning.
     Cuthbert Witham agt Jenifer p quer
     Jonathan SibreyCalvert p deft
      Ordered that the difference in Controüsie be resplted untill friday
     morning next being the fifth instant.

      Ordered that On friday next in the afternoone Mr Thomas Spriggs
     Pattent be viewed by the Court and then the same be determined
     whether it be in his Löpps Mannour of Ann Arrundell.
     Eliz: Story admrx Walter Story     Morecroft p quer
     agt Samuel Tilghman    Jenifer p deft
      The plaintiff as admrx of Walter Story Sues the deft for divers
     parcells of Goods and merchandize being by One John Long of Lon-
     don Merchant Shipped On board the Shipp Constant Freindshipp
     the deft being then Comander, which said Goods were Consigned to
     be delivered to John Emerson and the said Waiter Story or their
     assignes the said Emerson and Story dying at sea the plaintiff de-
     mands as assignee of the said Walter
      And the said Samuel by Daniel Jenifer his Attorny comes and
     defends the force and injury when &c and Saith that he is no wise
     Guilty of the premisses above imposed upon him for that the said
     Elizabeth herein is no assignee in Law to the said Walter and that
     the said Goods being joyntly consigned to the said Walter and the
     aforementioned John Emerson who deceased since the death of the
     said Walter became thereby invested with the property of the said
     Goods as Survivor to the said Walter therefore the said Samuel Saith
     he is not bound or Obliged to deliver the said Goods to the said
     Elizabeth and of this he putts himselfe upon the judgment of the
     Court and the said Elizabeth likewise.

      The judgment of the Court is that the plaintiff hath no Right
     or title to the abovesaid Goods in question, but that the same be dis-
     posed off as the said Samuel Tilghman Shall thinke best for the
     most advantage of the said John Long, and the said Courts advice to
     the said Samuel herein was that since he hath so carefully Secured
     the said Goods in the hands of Mr Thomas Notley a responsible
     person who did acknowledge in Court to haue the said Goods in his
     custody and that as it was desired by the said Long in his Letters