380   Provincial Court Proceedings, 1674.






           Liber M M And whereupon the Said Mary by Kenelm Cheseldyn her Attorny
                Saith that whereas the Said Nicholas Solby in his life time the nine-'
                tenth day of March in the yeare 1672 did by his certaine writeing
                Obligatory Sealed with the Seale of the said Nicholas here in Court
                produced whose date is the same day and yeare abovewritten bind
                himselfe his heirs executors admrs to pay unto the said John Thomas
                of the County of Stafford merchant or his certaine Attorny the
                full and just quantity of Seaven thousand five hundred ninty two
                pounds of every way good couditioned large arrenoco tobacco and
                caske deere of ground leaves and trash tobacco the tenth day of
                October next upon his Owne plantation in Nangemy Notwithstand
                ing which the Said Nicholas in his life time nor the aforesaid John
                Since the death of the Said Nicholas to whom the administration
                of all the goods which were the aforesaid Nicholas at the time of his
                death after his death to the said John committed hath not paid to
                the said John Thomas in his life time nor to the said Mary Since
                his death to whom administration of all and Singular the goods and
                Chattells which were the said John Thomas at the time of his death
                after his death to her committed hath not paid though often there-
                unto required but the same to pay hath and Still doth altogether
                deny to the damage of the said Mary tenn thousand pounds of
                tobacco and thereupon she bringeth her Suite.
                  And the Said Mary also bringeth here in Court the letters of ad
                ministration to her granted of all and singular the goods and Chat-
                tells which were the said John at the time of his death Since his death
                to her committed that it may appeare to the Court here that she is
                admrt of the said John and thereof to have administration
            p. 288 And the Said John Allen by Samuel Cressey his Attorny cometh
                and defendeth the force and injury when &c and the said John
                Saith that the Said Mary Thomas her action aforesaid Ought not
                to have because he Saith that he hath fully administred all and
                Singular the Goods Chattells rights and Creditts which were of the
                said Nicholas and to his hands ever came and this he is ready to
                averre
                  Now here at this day to witt the ninth day of December came the
                said Mary Thomas by Kenelm Cheseldyn her Attorny and the said
                John Allen by Samuel Cressey his Attorny and the said John Allen
                saith nothing in barr of the action aforesaid of her the Said Mary
                whereupon the said Mary remaineth against the said John thereof
                undefended Therefore it is considered by the Court here that the said
                Mary recover against the said John Allen as administrator afore
                said the said summe of Seaven thousand five hundred ninty two
                pounds of tobacco but so as execution thereof cease untill assetts
                come to his hands.