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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