| Volume 67, Page 395 View pdf image (33K) |
Provincial Court Proceedings, 1677/8. 395
To the which payment well & truely to be made the said ifrances did Liber N N
binde herselfe her heyres Exrs & Admrs firmly by those prsents Not
withstanding which the said ifrances Lucas the said Sixteen hundred
& eleven pounds of tobacco according to the tenor of the said bill
obligatory although often thereunto required to the said Marke
Cordea hath not paid, but the same to pay hath denyed & refused
& to pay the same as yet doth deny and refuse, whereupon the said
Marke Cordea saith he is damnified & hath losse to the Value of
one thousand pds of tobacco & thereupon he bringeth his suite
And the said ifrances by Kenelm Cheseldyn her Attorney cometh
& defendeth the force & injury when &c and prayeth liberty to imparle
hereto untill nex Provinciall Court & itt is granted unto her, the
same day is given to the plt likewise
Now here att this day to witt the fourteenth day of June in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Dni 1678 came the said parties by their Attorneys aforesaid And
the said ifrances by her said Attorney saith that the said Marke
Cordea his action aforesaid agt her ought not to have, for that the
bill obligatory in the declaracon menconed is not her act & Deed,
& of this she craves the judgemt of the Court & the plt likewise
Whereupon itt is considered by the Court here, that the said Marke
Cordea recover agt the said ifrances Lucas the aforesaid debt of
Sixteen hundred & eleven pds of tobacco
Cuninghams Exrs William Rosewell late of St Maryes County
agt otherwise William Rosewell of St Clements bay
Wm Rosewellin the County of St Maryes in Maryland genti
was Sumoned to Answer unto Thomas Carlisle
John Watson Wm Hatton & Robert Graham Exrs of the last Will &
testmt of John Cuningham deceased in a plea that he render unto
them the sume of three thousand pds of tobacco which from them
he unjustly detaineth
And whereupon the said Tho: Carlisle Jno Watson Wm Hatton
& Robert Graham by Kenelm Cheseldyn their Attorney say, that
whereas the said Wm Rosewell the seventeenth day of March in the
yeare One thousand six hundred seventy five, did by his certaine
writeing obligatory sealed with the Seale of the said Wm here in
Court produced whose date is the same day & yeare above written,
acknowledge himselfe to owe & stand indebted unto the said John
Cuningham Mrchant in his life Tyme the full & just Sume of three
thousand pounds of tobacco good sound & Mrchantable & cask, which
said sume of three thousand pounds of tobacco he did thereby prom
ise & engage to pay or cause to be paid unto the above named John
Cuningham his heyres Exrs or assignes or other his certaine At
torney upon demand To the true paymt whereof he did oblige him
selfe his heyres Exrs Admrs firmly by those prsents Notwithstanding
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| Volume 67, Page 395 View pdf image (33K) |
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