138  Provincial Court Proceedings, 1673.




         Liber M M Upon a Dispute here in Cort about touching what Mr Jackson a
                 brickmaker yt Dyed at the house of Mr John Allen in Charles County
                 was indebted at his Death unto Mr George Robotham his partner
                 The said Robotham did acknowledge that he had a bill of the said
                 Jacksons for 1500l Tob, but that it was satisfyed, and that their was
                 only Due to him from ye sd Jackson 400l Tob and that was for a
                 hat he sould the said Jackson before his Death.

                 Jesper Allen Richard Lad and Rozamond his wife late of Calvert
                    agt County Executrix of the last will and Testamt of
               Richard Lad     Joseph Horsely Deceased was attached to answere
                          unto Jesper Allen of a plea of Trespas upon the case.
                   And whereupon the said Jesper by Kenelm Chiseldine his Attorney
                 complaind that whereas the said Joseph Horsely stands indebted unto
                 the said Jesper for seurall peeces of Coopers worke Done & pformed
                 at Diverse dayes & times from the day of in ye yeare
                 of our Lord One Thowsand six hundred sixty untill the
              day of in ye yeare of our Lord 1669 a pticuler whereof is here
                 in Cort pduced, amounting in the whole to the sume of One Thow
                 sand five hundred and Seaventy pounds of Tob. In consideracoñ
                 whereof the said Joseph did assume upon himself and to the said
                 Jesper did faithfully pmise that he the said Joseph when thereunto
                 Required the said sume of 1 570 l Tob to him the said Jesper would
                 well and truly content and pay, Notwithstanding, wch the sd Joseph
                 though often thereunto Required the said sumë of 1570l Tob in his
                 life time according to his promise hath not payd, Nor the said
                 Rozamond since his death while she was sole Nor the said Richard
                 and Rozamond since Expowsalls hath not payd though often Re
                 quired but the same to pay altogether Denyes whereupon the said
                 Jesper saith he is Damnifyed and hath losse to the vallue of Two
                 Thowsand pounds of Tobacco and thereupon he bringeth his suite.
                   And the said Richard and Rozamond by George Parker their
                 Attorney come and Defend the force and injury when &c and say
                 that the aforesayd Jesper Allen ought not to have his accoñ against
                 them because they say that they have fully administred all the goods
                 and Chattells wch were of the aforesayd Joseph Horsley at the time
                 of his Death and yt they have no goods or Chattels wch were of ye
                 afd Joseph at ye time of his death in their hands to be administred,
                 and this they are Ready to averre whereupon they Demand Judgemt
                 if the said Jesper ought thereupon to have his accãn agt them.
                   And the aforesayd Jesper Sayes that he by anything before al
                 ledged ought not to be Debarred from having his action aforesayd
                 because he saith that the Inventory of ye goods and Chattells wch
                 were the said Joseph at the time of his Death did amount to ye sume
                 of 34431l Tob and that they the said Richard & Rozamond have
                 not administred and payd above the vallue of Twenty Thowsand