| 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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