Volume 66, Page 69 View pdf image (33K) |
Provincial Court Proceedings, 1675. 69 granted by the Court here that the said Pope Alvey recover against Liber N N the said Wm Raven aswell the Summe of foure hundred & fifty pounds of tobacco the debt aforesaid as also the summe of eight hundred forty foure pounds of tobacco costs of Suite. Lydia Solly admrx William Rosewell late of st Maries County Gent Benja Solly was Summoned to answer unto Lidia Solly ad- agt ministratrix of the goods and chattells of Ben- Wm Rosewell jamin Solly deceased in a plea that he render unto her the Summe of three thousand pounds of tobacco which from her he unjustly detaineth. And whereupon the said Lidia by Kenelm Cheseldyn her Attorny saith that whereas the said William the thirtenth day of September in the yeare of Our Lord One thousand six hundred Seventy two did by his certaine writeing Obligatory sealed with the Seale of the Said William here in Court produced whose date is the same day and yeare abovewritten bind himself e to pay or cause to be paid to Benjamin Solly of the Same County his heirs executors or lawfull Attorney the full and just quantity of three thousand pounds of good sound merchantable tobacco in caske in Clements or Brittons Bay upon demand to the performance of which he did Oblige him- selfe his heirs executors notwithstanding which the said Wm the said summe of three thousand pounds of tobacco according to the tenor of his said writeing Obligatory hath not paid though often required to the said Benjamin in his life time nor to the said Lidia since his death administratrix of all and singular the goods and chattells which were the Said Benjamins at the time of his death since his death to her committed hath not paid but the same to pay hitherto hath & Still doth deny to pay to the damage of the said Lidia five thousand pounds of tobacco and thereupon she bringeth her suite. And the said Lidia bringeth also here in Court the letters of administration to her granted that it may appeare to the Court here that she is administratrix of the Said Benjamin and of the said estate to have administration. And the said Wm by Robert Carvile his Attorny cometh & de- fendeth the force and injury when &c and prayeth liberty of Speake- ing hereunto untill next Court the same day is given to both parties. Now here at this day to wit the ninth day of ffebruary in the yeare One thousand six hundred seventy five Came the said Lidia by her Attorny & the said Wm by his Attorny came likewise and the Said Wm saith the Said Lidia her action aforesaid against him Ought not to have because he Saith he paid the said Benjamin in his life tyme the Said Summe of three thousand pounds of tobacco in full of the said bill in the declaration abovesaid specified and this he is ready to averr and prayes judgment if the Said Lidia her action aforesaid against him ought to have and the plaintiff also. |
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Volume 66, Page 69 View pdf image (33K) |
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