Provincial Court Proceedings, 1677/8.    201

          And whereupon the said John Darwell by Kenelm Cheseldyn his Liber N N
        Attorney saith, that whereas the said John Stone the fourth day of
        May in the yeare of our Lord one thousand six hundred seventy
        two did by his certaine writeing obligatory sealed with the seale
        of him the said John Stone here in Court produced whose date is the
        same day & yeare above written, did binde himselfe his heyres Exrs
        Admrs & assignes to pay or cause to be paid to William Ratcliffe of
        the said County & Province aforesaid his heyts Exrs Adrs or assignes
        The full & just Sume of three thousand seven hundred pounds of
        good sound & Mrchantable tobacco with caske to containe the same
        upon his own plantacon, for consideracon of goods in hand aliready
        received att or upon the tenth day of October next ensueing the
        date hereof, to the which payment well & truely to be made unto
        the said Wm Ratcliffe his heyres Exrs & Admrs & assignes, he did
        binde himselfe his heyres Exrs Adrs & assignes firmly by those prsents,
        Notwithstanding which the said John Stone the same hath not paid
        to the said Wm in his life tyme, nor to the said John Darwell since
        his death Admistr of all & singuler the Goods & Chattels which were
        the said Williams att the tyme of his death since his death to him
        comitted though often thereunto required, but the same to him to
        pay hitherto hath & still doth deny to pay to the damage of the said
        John Darwell the sume of five thousand pounds of tobacco, & there
        upon he bringeth his suite. And the said John Darwell bringeth here
        in Court the Letters of Administracon to him granted, that itt may
        appeare to the Court here that he is Admistr of the Estate of the said
        Wm & thereupon to have Admcon.
          And the said John Stone by Robert Carvile his Attorney cometh
        & defendeth the force & injury when &c and prayeth liberty of
        speakeing hereto untill next Court, the same day is given to both
        parties
          Now here att this day to witt the three & twentieth day of ffebru
        ary in the third yeare of the Dominion of Charles Lord Baltemore
        &c Annoq Doni 1677 came the said parties by their Attorneys afore
        said, & the said John Stone saith, that the plaintiffe his action afore
        said agt him ought not to have, for that he saith, that before the
        takeing out the originall writt by the said John Darwell, he paid the
        said three thousand seven hundred pounds of tobacco according
        to the tenour of the said bill to the said Wm Ratcliffe in his life tyme,
        all which he is ready to verifie, & demands Judgemt if the said John
        Darwell his action aforesaid against him ought to have. And the
        said John Darwell refused to make any further prosecution in this
        suite, whereupon a Nonsuite was awarded against him.

        Moyes Exrs
           agt
       Tho: Potter Admr
       Geo: Marshall