Volume 67, Page 378 View pdf image (33K) |
378 Provincial Court Proceedings, 1677/8. Liber N N Doni 1678. came the said parties by their Attorneys aforesaid And the said Tho: Robinson by his Attorney saith, that he doth not deny but the said writeing in the Declaracon menconed is his Act & Deed, but he saith, the plaintiffe his action thereupon agt him ought not to have, because he saith, the said bond of foure thousand pounds of tobacco with Condicon there under written as aforesaid was entred into by the said Thomas for a debt of two thousand pds of tobacco due from the said Thomas to Henry Asberry And that the same writeing obligatory was taken in the name of the said John Paler in trust only for the said Henry Asberry, which being made appeare to the Comrs of St Maryes County Court, they have long before the fileing of the said Originall writt of the said John Paler caused the said principall debt of two thousand pounds of tobacco to be attached in the hands of the said Thomas Robinson for severall debts & costs of suite recovered agt the said Henry Asberry in the said Court & have levyed the same of his the said Thomas Goods & chattells as by the Record of the said County Court may appeare By meanes whereof he hath satisfied for the Condicon of the said bond All which he is ready to averr, & demands judgemt if the plaintiffe his action aforesaid agt him ought to have And the said John Paler from his action as aforesaid saith he ought not to be debarred, because the said John neither is nor was obliged to nor concerned in trust for the said Henry Asberry as in the plea before alleadged, & that the said Thomas Robinson had effects of the said Henrys in his own hands above the Value of the debts & costs of suite before alleaged to be Levyed by order from St Maryes County Court. And further saith that the bill past from the said Robinson to the said Paler was upon a good consideracon satis fied by the said John Paler, & this he is ready to averre, & craves judgemt of the Court, & the defendt likewise. Whereupon the prm isses being seen & by the Justices here fully understood, itt is con sidered by the Court that the said John Paler recover agt the said Thomas Robinson as well the sume of foure thousand pds of tobacco debt As also six hundred & sixteen pds of tobacco costs of suite Randall Revell Edmond Beauchamp late of Somrsett County agt otherwise called Edmond Beauchamp of the Edmd Beauchamp County of Somrsett in the Province of Mary land was Sumond to Answer unto Randall Revell of a plea that he render unto him two thousand pds of tobacco which to him he oweth & unjustly detaineth And whereupon the said Randall by Robert Carvile his Attorney saith, that whereas the said Edmond upon the thirteenth day of September in the yeare of our Lord one thousand six hundred sev enty seven did binde himselfe his heyres Exrs Admrs to pay or cause to be paid to the said Randall the sume of two thousand pds of good |
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Volume 67, Page 378 View pdf image (33K) |
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