Volume 67, Page 172 View pdf image (33K) |
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172 Provincial Court Proceedings, 1677/8. Liber N N Eleven hundred forty & seven pounds of tobacco for his costs & charges by him about his defence in this behalfe laid out & expended And the said Wm Hanman in mercy for his false complaint &c Wm Hanman John Brooke late of Dorchister County Admr of agt the Goods & Chattels of Wm Worgan deceased Jno Brooke Admr was Sumoned to Answer unto Wm Hanman of a Wm Worgan plea that he render unto him sixteen hundred pounds of tobacco which from him he unjustly detaineth &c And whereupon the said Wm Hanman by Robert Carvile his At torney saith, that whereas the said Wm Worgan upon the Eleventh day of July Anno Doni One thousand six hundred seventy six by his certaine bill or obligacon under his hand & seale & here in Court produced whose date is the day & yeare abovesaid, did confesse & acknowledge himself e to owe & stand indebted to the said Wm Hanman the full & just Sume of sixteene hundred pounds of good sound Wchantable tobacco with caske due to be paid att or before the tenth day of Octobr then next in some convenient place in little Choptanck River Yet the said Wm Worgan in his life tyme nor the said John since his death the said sume of sixteen hundred pds of tobacco to him the said Wm Hanman thoughoften thereunto re quested hath not hitherto paid or satisfied, but the same to pay doth deny and refuse to the damage of the said Wm Hanman two thou sand foure hundred pounds of tobacco & thereupon he bringeth his suite. And the said John by Charles Boteler his Attorney comes & de fends the force & injury when &c and saith that the said Wm Hanman his action aforesaid against him ought not to have, for that the said Wm Worgan in his life tyme the said sixteen hundred pounds of tobacco in the bill & declaracon above specified hath fully paid & satis fied according to the tenour forme & effect of the said bill, & this he is ready to averr, & of this he putts himselfe upon the Countrey, & the plaintiff also. Whereupon comand is given to the Sheriffe of St Maryes County that he cause to come here twelve &c Now here att this day to witt the two & twentieth day of ffebruary in the third yeare of the Dominion of Charles Lord Baltemore &c Anoq Doni 1677 Came the parties aforesaid by their Attorneys aforesaid & the Jurors impannelled being called likewise came to witt, Tho: Cosden, Tho: Doxey, Henry Phippes, Tho: Bankes, John Askin, Tho: Potter, Tho: Pattison, Richard ifenwick, Philip Lynes, Tho: Keyting, Wm Thomas & Emanuel Ratcliffe who to say the truth in the prmisses being elected tryed & sworne upon their Oaths doe say we finde for the plaintiffe seven hundred fifty four pounds of tobacco with costs of suite Therefore itt is considered that the said Wm Hanman recover against the Estate of the said Wm Worgan as |
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Volume 67, Page 172 View pdf image (33K) |
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