240  Provincial Court Proceedings, 1674.




           Liber M M hath losse to the Value of Seven thousand pounds of tobacco and
                  thereupon he bringeth his Suite
                   And the aforesaid William by Robert Carvile his Attorny cometh
                  and defendeth the force and injury aforesaid when &c and Saith that
                  the aforesaid Richard Ought not to have his action aforesaid against
                  him because he Saith that he doth well avow the takeing and deteine
                  ing of the Said two Cowes, two calves two heifers and One bull for
                  that long before the Said 24th day of December in the declaration
                  aforesaid mentioned On which day the Said Richard by his declara
                  tion aforesaid alleadgeth the Said William the Said cattle tooke and
                  deteined One Mathew Smith was of the Said Cattle as of his Owne
                  proper Cattle possessed and being so possessed he the said Mathew
                  Smith for a Valuable Consideration, to him paid by the Said William
                  King did upon the 5th day of October in the yeare of Our Lord
                  One thousand Six hundred Seventy three bargaine and Sell unto
                  the Said William the Said two cowes two calves two heifers and
                  One bull and did also at Harvey-Towne in Calvert County give and
                  deliver the possession of the Said Cattle to him the said William
                  and the Said Mathew did also in confirmation of the said bargaine
                  and Sale by his writeing under his hand and Seale beareing date
                  the ninth day of October 1673 absolutely give grant bargaine and
                  Sell assigne and Sett Over the Said Cattle to him the said William
                  to hold to him the said William his heirs and assignes for ever by
                  which the Said Wm was of the Said Cattle So possessed as of his
                  Own proper right and the Same as his proper goods and cattle did
                  take and deteine as it was law full for him to doe and this he is ready
                  to averr and thereupon he prayes judgmt whether the Said Richard
                  Bayly Ought to have his action aforesaid against him and that the
                  Said Cattle may be returned to him &c.
                   And the Said Richard Saith that the said William for the reasons
                  aforesaid for the takeing the cattle aforesaid in the aforesaid place
                  in which &c ought not justly to avow because he Saith that long
                  before the Said fifth day of October in the yeare aforesaid the time
                  Supposed the Said William to have bought the Said Cattle the Said
                  Mathew Smith to wit the fiftenth day of August in the yeare afore
                  said did for the Summe of three thousand pounds of tobacco Sell
                  and actually deliver the Said Cattle to him the Said Richard to
                  remaine the proper goods and chattels of him the said Richard and
                  did afterwards to wit the 25th day of Novem 1673 confirme and
                  warrant the Same to the Said Richard by a good and lawfull Bill of
                  Sale upon penalty of foure thousand pounds of tobacco and of this
              p.  he putts himselfe upon the Country and the deft likewise therefore
                  it is Comãnded the Sheriff of St Maries County that ithediately he
                  cause to come here twelve &c.
                   At which day to witt the Sixtenth day of April came aswell the
                  sayd Wm King by Robert Carvile his Attorny as the jurors of that