Volume 66, Page 343 View pdf image (33K) |
Provincial Court Proceedings, 1676. 343 And whereupon the said Henry Robert & Clement in their proper Liber N N persons Say that the said George Charlsworth in his life time to wit upon the Second day of ffebruary in the yeare of our Lord 1674 by his certaine bond or writeing Obligatory Sealed with the Seale of him the said George & here in Court produced whose date is the day & yeare abovesaid did con fesse and acknowledge himselfe to owe & Stand indebted to the said Richard Moy in the full & just summe of eight thousand pounds of good Sound & merchantable tobacco & caske to be paid On demand Yet notwithstanding the said George in his life time nor the said Morgan Since his death have paid or Satisfied the said eight thousand pounds of tobacco or any part thereof to the said Richard in his life time nor to the said Elizabeth since his death nor in her life time nor to the said Henry Robert or Clement Since her death though often thereunto required but the same to pay have denyed & still doe deny to the damage of the said Henry Robert & Clement fourteen thousand pounds of tobacco And thereupon they bring their suite. And they bring here into Court the Letters testamentary aswell of the said Richards as of the Said Elizabeths estate whereby it may appeare to the Court here that they are executors & have right of Administration &c. And the said Morgan by Kenelm Cheseldyn his Attorny cometh & defendeth the force & injury when &c and prayeth the heareing of the said writeing Obligatory & it is read unto him he prayeth the heareing of the Condition of the said writeing Obligatory & it is read unto him in these words The Condition of this Obligation is such That if the abovebounden his heirs executrs admrs or assignes or any of them shall & doe well & truly pay or cause to be paid to the within named Richard Moy his executors admts or assignes the full & just Summe or quantity of foure thousand pounds of like good Sound & merchantable tobacco & caske at or before the first day of march next ensueing the date hereof at One entire payment at the now dwelling plantation of him the said George Charlsworth in St Michaells hundred in st Maries County then this present Obliga- tion to be void & of none effect or else to stand in full force & virtue, which being read & heard the said Morgan prayeth liberty of Speake- ing hereunto untill the next Provinciall Court the same day is given to both parties Now here at this day to wit the ninth day of December in the second yeare of the Dominion of Charles Lord Baltemore &c Annoq Doth 1676 Came the said Morgan by his Said Attorny & Saith that he Stands indebted by bills of a higher nature beyond which he hath not assetts come to his hand. Whereupon it is granted by the Court here that the said Henry Robert & Clement recover against the estate of the said George Charlsworth aswell the Summe of foure thou- sand pounds of tobacco the debt aforesaid as also the Summe of five |
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Volume 66, Page 343 View pdf image (33K) |
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