Provincial Court Proceedings, 1673.  143




      Thomas Simson Richard Edelen late of St Maryes County Liber MM
           agt gentl and Justinian Tennison late of St
      Richard Edelen & Maryes County planter were attached to an
      Justinian Tennison swere unto Thomas Simson of a plea of Tres
                    pas upon the case in nature of Deceipt.
        And whereupon the said Thomas by John Morecroft his Attorney
      Complaineth that whereas he the said Thomas sould unto the said
      Justinian a pcell of land by Deed supposed to be three hundred and
      fifty acres with pticuler warranty against him and his heires and the
      said Land was found to fall short thereof by the Survey of one
      Richard Edelen Deputy Surveyor for St Maryes and Charles County
      and the said Thomas having a Patent of fifty acres of land more
      adjoyning thereunto was willing to Cast that in to supply the want,
      wch the sd Edelen then affirmed would not make up the Complement of
      Three hundred and fifty acres by seaventy acres was willing to make
      satisfaction in Tobacco for the said seaventy acres the said
      Tennison and the said Thomas referring it to ye said Richard Edelen
      he appointed the said Thomas to pay to the said Tennison Two
      Thowsand Two hundred & fifty pounds of Tobacco for which the
      said Thomas he passed bill to the said Tennison and is now payd
      and the said Thomas saith that the said Richard and Justinian Devis
      ing and fraudulently intending him the said Thomas to Deceive the
      said Richard the sixth day of ffebruary in the yeare 1670 making
      a Resurvey and the said Justinian Tennison having Seated a pcell
      of land Adjoyning to ye same land without any warrant Surveyor
      Patent made Resurvey of foure hundred acres of land, and makes
      the said pcell of land Pt of the said foure hundred acres and Drawes
      the said Thomas to Enter into bond of forty Thowsand pounds of
      Tobacco to make Conveyance of ye same to the said Tenison in
      Deceipt of the said Thomas and to the greate Damage of the said
      Thomas whereupon he saith he is Damnifyed and hath losse to the
      vallue of Twenty Thowsand pounds of Tobacco and thereupon he
      bringeth his suite.
        And the said Richard and Justinian by Robert Carvile their Attor
      ney cometh & Defendeth the force and injury when &c and say they
      are in nowise guilty of the prmises above against them by the said
      Thomas Complained of, and of this they put themselves upon the
      Country and the said Thomas likewise.
        Therefore Comaund is given to the Sheriff of St Maryes County p. 82
      that he cause to come before the Justices of the Provincial Cort at
      the Citty of St Maryes on the Eleaventh day of November next
      being the first day of the same Cort. Twelve &c by whome &c who
      neither &c because aswell &c to Recognize &c and the same day is
      given to both ptyes.
        At wch said Eleaventh day of November the Provincial Cort afore
      sayd was by the writ of Adjournmt of the said Lord Proprietary ad-