Provincial Court Proceedings, 1677/8.   173

       well the said sume of seven hundred fifty foure pounds of tobacco the Liber N N
       remainder of the debt aforesaid As also the sume of twelve hundred
       thirty & six pounds of tobacco costs of suite

       Thomas Marsh
         a        Unlesse the Defendt appeare next Court, the Sher
            g     life of Talbott County amerced.
       Richard Baily

       Richard Ambrose
          agt      This action abates, the plaintiffe being dead.
       John Allen

       Peter Watts Exr John Evans late of St Maryes County planter was
       Robert Cager Attached to Answer unto Peter Watts Exr of the
          agt      last Will & testamt of Robert Cager deceased in a
       John Evans plea of trespas upon the case.
                     And whereupon the said Peter by Kenelm Ches
       eldyn his Attorney complaineth, that whereas the said John Evans
       had obtained leave for to make a crop of Come & tobacco att the
       plantacon of the said Robert Cager in his life tyme, the said John
       the twenty sixth day of March in the yeare of our Lord one thousand
       six hundred seventy foure, in consideracOn that the said Robert
       Cager att the speciall instance & request of him the said John would
       receive him the said John his wife & one Negro man into the house
       of him the said Robert, & finde them accomodacon of meate & drinke
       for the tyme that he the said John his wife & Negro man should so
       remaine att the house of him the said Robert, the said John did
       assume upon himselfe & to the said Robert did faithfully promise
       that he the said John would pay unto him the said Robert for the
       same what he should deserve And the said Peter in fact saith, that
       the said Robert did find the said John his wife & nego man sufficient
       meat & drinke att the house of him the said Robert from the said
       twenty sixth day of March in the yeare aforesaid untill the twenty
       sixth day of Novembr in the same yeare being in the whole the
       space of Eight months, & that for the same he did well deserve the
       sume of three hundred pounds of tobacco p month, in the whole
       the sume of two thousand foure hundred pounds of tobacco Not
       withstanding which the said John the said sume of two thousand
       foure hundred pounds of tobacco to him the said Robert in his
       life tyme hath not paid, nor to the said Peter since his death Exr of
       the last will & testament of the said Robert hath not paid, but though
       often required the same to pay hitherto hath & still doth deny to pay
       to the damage of the said Peter three thousand pounds of tobacco, &
       thereupon he bringeth his suite. And the said Peter bringeth here in
       Court the letters Testamentory to him granted, that itt may appeare P. 431
       to the Court here that he is Esr of the last Will & testament of the
       said Robert, & thereupon to have Administracon.