| Volume 67, Page 270 View pdf image (33K) |
270 Provincial Court Proceedings, 1677/8.
Liber N N he render unto him the full sume of twenty thousand pounds of
good sound Mrchantable tobacco in caske which from him he un
justly detaineth
And whereupon the said John Baker by Robert Ridgely his Attor
ney saith that whereas the said Vincent Atchinson in his life tyme to
witt the twenty fourth day of Novembr Annoq3 Doni One thousand
six hundred seventy & five by his certaine writeing obligatory sealed
with the seale of him the said Vincent & here in Court produced
whose date is the day & yeare aforesaid, did acknowledge himselfe
to be holden & firmly bound unto the said John Baker in the full
sume of twenty thousand pounds of good sound Mrchantable tobacco
in cask to be paid to the said John or to his certaine Attorney his
Exrs Adrs or assignes To the which payment well & truely to be made
the said Vincent did binde himself e his heyres Exrs & Admrs firmly
by those pTsents Notwithstanding which the said Vincent in his life
tyme nor the said Samuell since his death to whom Admcon of all &
singuler the Goods Chattels rights & Creditts which were of the said
Vincent since his Death hath bin comitted the said sume of twenty
thousand pounds of tobacco to him the said John Baker although
often thereunto required according to the tenour of the said writeing
p. 515 obligatory Hath not paid, but the same to pay hath denyed & as yet
doth deny, whereupon the said John Baker saith he is damnified &
hath losse to the Value of five thousand pounds of tobacco, & there
upon he bringeth his suite
And the aforesaid Samuel by Robert Carvile his Attorney cometh
& defendeth the force & injury when &c And the said Samuell
prayeth the heareing of the writeing obligatory aforesaid & itt is
read unto him, he also prayeth the heareing of the Condicoñ of the
writeing obligatory aforesaid & itt is read unto him in these words
vizt the Condicön of this Obligacon is such, that if the above bounden
Vincent Atchinson his heyres Exrs & Admrs or any of them doe &
shall well & truely acknowledge by good & firme Deeds or Con
veyances in the Law in open Court in the County of Kent aforesaid
one tract of land called by the name of Colchister lying & being in
the County aforesaid on the North side of Chester river above the
devideing containing & laid out for One thousand acres more or
lesse att or before the last day of March next ensueing the date
hereof without any further delay fraud or covin, that then this
present obligacon to be void & of none effect Otherwise to stand
& be in full force & vertue Which being read & heard the said Samuell
by his Attorney aforesaid prayeth liberty to imparle hereunto untill
next Provinciall Court & itt is granted unto him, the same day is
given to both parties
Now here att this day to witt the tenth day of April in the third
yeare of the Dominion of Charles Lord Baltemore &c Annocp Doni
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| Volume 67, Page 270 View pdf image (33K) |
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