128       Provincial Court Proceedings, 1677.

              Liber     N N John Cowdere Mary Roe executrix of the last will & Testament
                  294 agt of Edward Roe late of Talbott County Gent de
                     Mary Roe exrx ceased was attached to answer unto John Cowdere
                      Edward Roe of a plea of trespas upon the case.
                                 And whereupon the said John Cowdere by Robert
                    Ridgely his Attorny complaineth that whereas the said Edward in
                    the life time of him the said Edward that is to say from the three &
                    twentith day of October One thousand six hundred Seventy five to
                    the sixtenth day of December then next following bought had &
                    received of the Said John divers goods & merchandizes amounting
                    to in the whole the summe of twelve thousand One hundred pounds
                    of tobacco a particular whereof is by the said John here in Court
                    produced In consideration whereof the said Edward did assume upon
                    himselfe & to the said John faithfully promise that he the said
                    Edward did assume upon himselfe & to the said John faithfully
                    promise that he the said Edward him the said John the said summe
                    of twelve thousand One hundred pounds of tobacco when thereunto
                    required would well & truly content & pay And the said John in fact
                    saith that he the said Edward by the hands of Samuel Hatton re
                    ceived in part of the said twelve thousand One hundred pounds of
                    tobacco the summe of foure thousand foure hundred & sixteene
                    pounds of tobacco & the aforesaid Edward Roe in his life time nor
                    the said Mary since his death to whom the execution of the Testa
                    ment of the said Edward since his death hath been committed the
                    summe of seaven thousand six hundred eighty foure pounds of
                    tobacco residue of the said twelve thousand One hundred pounds of
                    tobacco to him the said John though often thereunto required have
                    not paid or given any Satisfaction for the same but the same to pay
                    have denyed and as yet doe deny to the damage of the said John
                    tenn thousand pounds of tobacco And thereupon he bringeth his
                    suite.
                      And the said Mary Roe by Robert Carvile her Attorny Cometh
                    & defendeth the force and injury when &c and saith that the Said
                    Edward Roe in his life time paid to the Said John Cowdere in part
                    of the said summe of twelve thousand One hundred pounds of
                    tobacco the summe of five thousand six hundred & nine pounds of
                    tobacco and as for the Six thousand foure hundred flinty One
                    pounds of tobacco residue of the said twelve thousand One hun
                    dred pounds of tobacco she saith she cannot gainsay the action of the
                    aforesaid John because the same is due to the aforesaid John as
                    he hath above declared Therefore it is considered by the Court here
                    the fifth day of October One thousand six hundred seventy Seaven
                    that the said John Cowdere recover against the estate of the said
                    Edward the said summe of six thousand toure hundred ninty One
                    pounds of tobacco damages occasioned by the trespas aforesaid as
                    also the summe of pounds of tobacco costs of suite.