652  Provincial Court Proceedings, 1675.




         Liber M M  the said George the summe of two thousand & forty pounds of
                 tobacco for his damages Susteined by occasion of the trespas afore
                 said as also the Summe of five hundred twenty eight pounds of
                 tobacco costs of Suite.

                 Tobias Wells executr John Larkin late of Ann Arundell County
                  Mary Pine otherwise called John Larkin of of the County
                  agt          of Ann Arundall in Province of Maryland
                 John Larkinwas Sumoned to answer unto Tobias Wells
                 executor of the last will & testament of Mary
                 Pine late of Kent County deceased in a plea that he render unto
                 him the summe of nine thousand One hundred & two pounds of
                 tobacco which from him he unjustly deteineth.
                  And whereupon the said Tobias Wells by Robert Carvile his At
                 torny Saith that whereas the said John Larkin the eleventh day of
                 November in the yeare One thousand six hundred seventy two by
                 his certaine writeing Obligatory Sealed with the Seale of the Said
                 John & here in Court produced whose date is the same day and yeare
                 abovewritten did bind himselfe his heirs executors admrs or assignes
                 to pay or cause to be paid unto Mary Fine upon Kent her heirs ex
                 ecutors or admrs the full & just Summe of nine thousand One hun
                 dred & two pounds of good Sound merchantable tobacco & casque
                 upon demand in the County aforesaid notwithstanding which the
                 Said John the said summe of nine thousand One hundred & two
                 pounds of tobacco unto her the said Mary in her life time nor unto
                 him the said Tobias Wells executor of the last will & testament of
                 the Said Mary Since the death of the said Mary though often there-
                 unto required hath not paid but the same to pay hitherto hath &
                 Still doth altogether deny to the damage of him the said Tobias
                 eighteen thousand pounds of tobacco & thereupon he bringeth his
                 Suite
                  And the said Tobias Wells bringeth here into Court the Letters
                 Testamentary with the will of the said Mary thereunto annexed
                 that it may appeare unto the Court that he is executor of the last
                 will & Testament of the said Mary Pine deceased and that right of
                 Administration &c.
                  And the said John by John Rousby his Attorny cometh and
                 defendeth the force & injury when &c & prayeth liberty of Speake
                 ing hereunto untill next Court & it is granted him the same day is
                 given to both parties here.
                  Att which said next Provinciall Court to wit the five and twentith
             p. 629 day of November in the 44th yeare of the Dominion of Caecilius &c
                 Came the said Tobias by his Attorny aforesaid and the said John
                 by his Attorny came likewise and the said John Saith that as to
                 foure thousand Six hundred fifty eight pounds of tobacco part of
                 the said summe of nine thousand One hundred & two pounds of