Provincial Court Proceedings, 1674/5. 465




      judgment shall be entred against the said deft Arthur Turner the Liber M M
      casuall ejector But all further prosecution against him shall cease
      untill the said James and his wife shall make default in any of the
      premisses And it is further Ordered by the Court by the consent
      aforesaid that the Said James and his wife shall not take any ad
      vantage against the plaintiff for not prosecuteing upon the tryall
      occasioned by Such default but that the Said James Neale shall
      pay to the plaintiff the Costs by this Court to be taxed in this cause
      And it is further Ordered that the Lessor to the plaintiff shall be
      charged with the payment of the costs to the defts if any be by this
      Court adjudged to them.
      Maryland ss.
       James Neale late of Charles County Gent and Anna his wife were
      attached to answer unto Thomas Gibson of a plea wherefore by force
      and armes into One Messuage One tobacco house and One hundred
      acres of Land with the appurtenflcs lyeing on the west side of Wi
      cocomoco River at a mouth of a branch of the said River called Rus
      sells branch in Charles County in the said Province which William
      Russell in the Said County planter to him the said Thomas Gibson
      did demise for a terme which is not yet past they did enter and him
      from his farme aforesaid did eject & other harmes to him they did
      to the great damage of him the said Thomas Gibson and against
      the Peace.
       And whereupon the said Thomas by Robert Carvile his Attorny
      saith that whereas the aforesaid William Russell the ninth day of
      March in the yeare of Our Lord One thousand six hundred Seventy
      three did demise to him the Said Thomas Gibson the messuage and
      lands aforesaid with the appurtenncs to haue and to hold to him and
      his assignes from the said ninth day of march in the yeare aforesaid
      untill the end and terme of One whole yeare from thence next ensue
      ing and fully to be compleate & ended By virtue of which demise the
      said Thomas Gibson into the messuage & Lands with the appurtenñcs
      did enter & was thereof possessed and he the said Thomas Gibson So
      thereof being possessed the aforesaid James Neale & Anna his wife
      by force and armes the Messuage & lands aforesaid with the appur
      tenflcs which the aforesd William Russell to him the said Thomas
      Gibson in forme aforesaid demised for the terme aforesaid which
      is not yet past did enter & him from his farme aforesaid did eject &
      other harmes to him did to the great damage of the said Thomas
      Gibson & against the Peace &c whereupon he saith he is dampnified
      & hath losse to the Value of Sixteen thousand pounds of tobacco &
      thereupon he bringeth his suite
       And the said James Neale by Kenelm Cheseldyn his Attorny doth
      come and defend the force and injury when &c and Saith he is not
      guilty of the trespas and ejectment aforesaid by him the said Thomas
      above supposed to be done and of this he putts himself upon the
      Country and the plaintiff likewise.