Volume 57, Page 301 View pdf image (33K) |
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 |
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Volume 57, Page 301 View pdf image (33K) |
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