Provincial Court Proceedings, 1674/5. 515




      nor can doe and this he is ready to averre and thereupon he demands Liber M M
      judgment if the said Thomas his action aforesaid against him Ought
      to have. &c.
        And the Said Thomas Saith that the plea of him the Said Cor
      nelius by him in forme aforesaid pleaded that that plea & the mat
      ter therein conteined are not sufficient in Law to hinder the said
      Thomas from haveing his action aforesaid against the said Cornelius
      and that that plea in manner & forme aforesaid pleaded the said
      Thomas needeth not nor by the Law of the Land is bound to answer
      and this he is ready to averne wherefore for want of a Sufficient plea
      the Said Thomas demands judgment and according to the forme
      of the Statute for Demurrers Sheweth these causes following ffirst
      that the plea of the Said Cornelius hath relation to the sale of a
      certaine parcell of Land of which no mention is made in the said
      writeing Obligatory.
        Secondly The Said writeing Obligatory is Only for two thousand
      foure hundred pounds of tobacco debt due from the Said Cornelius
      to him the said Thomas without any consideration and for the pay
      ment thereof hath bound himselfe his heirs executors admrs & as
      signes and there is no condition in the said writing Obligatory
      whereby the said Cornelius the plea aforesaid can mainteine Thirdly
      in the Said plea it is Said that the Said Thomas upon the said foure
      and twentith day of August in the yeare aforesaid did covenant &
      agree to deliver unto the said Cornelius good and law full convey
      ances fnom the Said Thomas and his wife for the said parcell of land
      by which it manifestly appeares that the Said Cornelius is releivable
      by his action of Convenant or Other action by him to be commenced
      against the said Thomas and not by pleading that plea in barre as
      aforesaid.
        Which being read and heard and by his Lopps justices here to witt
      at the Citty of St Maries the fiftenth day of ffebruary in the 43th
      yeare of his Lopps Dominion &c fully understood It is considered
      of by the Court here that the said Thomas Warner recover against
      the said Cornelius the said summe of two thousand foure hundred
      pounds of tobacco the debt aforesaid as also the summe of five
      hundred & eighty pounds of tobacco for his costs and charges in this
      behalfe laid Out and expended. and the said Cornelius in mercy.

      Garnet Vansweringen William Baker late of St Maries County other
          agt wise called Wm Baker of the County of St
   William Baker     Maries in the Province of Maryland was Sum
                     moned to answer unto Garrett Vansweringen
                     in a plea that he render unto him the summe of
                     two thousand Seven hundred and ninty pounds
                     of tobacco which to him he oweth and un
                     justly deteineth