136 Provincial Court Proceedings, 1678/9.

Liber N N

& Seven pounds of tobacco & cask which to him he oweth & unjustly
detaineth
And whereupon the said Abraham by Christopher Rousby his
Attorney saith, that whereas the said Jonathan the fifth day of April
One thousand six hundred Seventy two by his certaine writeing
obligatory Sealed with the Seale of him the said Jonathan here in
Court produced whose date is the same day & yeare abovesaid did
binde himselfe his heyres Exec^rs Adm^rs or assignes to pay or cause
to be paid unto the said Abraham Heyman or his assignes the full
& just Sume of Seven thousand f oure hundred thirty & seven pounds
of good sound M^rchantable tobacco & cask att some convenient place
in Miles or Wye River att or upon the tenth day of October next
ensueing the date thereof Yet notw^thstanding the said Jonathan the
said Sume of Seven thousand foure hundred thirty seven pounds of
tobacco & caske unto the said Abraham though often thereunto re-
quired hath not paid but the same to pay altogether refuseth Where-
upon the said Abraham saith he is damnified & hath losse to the
Value of Nine thousand pounds of tobacco, & thereupon he bringeth
his suite
And the said Jonathan Sibrey by Robert Carvile his Attorney
cometh & defendeth the force & injury when &c and saith, that as to
foure thousand Eight hundred fifty five pounds of tobacco part of
the debt in the declaracon menconed he hath satisfied & paid unto the
said Abra^m Heyman And as to two thousand five hundred Eighty
two pounds of tobacco residue of the debt aforesaid, the same re-
maines due unto the said Abraham Therefore itt is considered by
the Court here this day to witt the seventh day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 That the said Abraham Heyman recover against the said
Jonathan Sibrey as well the Sume of two thousand fiue hundred
Eighty two pounds of tobacco residue of the debt aforesaid As also
five hundred forty foure pds of tobacco costs of suite And the
Defend^t in mercy &c And the said plaintiff in mercy for his false
claime against the said Defend^t for foure thousand Eight hundred
fifty fiue pounds of tobacco part of the debt aforesaid whereof he is
above acquitted And the said Defend^t may goe thereof without day

James Mills Ex^r
Samuel Boston
ag^t
John Gunn

This action abates, the Defend^t being dead.

James Tyer
ag^t
Tho: Helgar

This action is continued untill next Court