162 Provincial Court Proceedings, 1679.

Liber N N

Benjamin in the just quantity of foure thousand Seven hundred
ninety seven pounds of good well condiconed tobacco & cask to be
paid att or upon the tenth day of Octob^r next ensueing the date of
the same bill obligatory & after upon all demands to the said Ben-
jamin his heyres Exec^rs Adm^rs or certaine Attorney in some con-
venient place in Choptank river, to the which paym^t well & truely
to be made & done the said Arthur did binde himselfe his heyres
Exec^rs & Adm^rs firmly by those p^rsents Yet the aforesaid Arthur
Wright in his life tyme nor the said Abigail since his death to whom
Admcon of all & singuler the Goods Chatties Rights & Creditts which
were of the said Arthur in his life tyme since his death hath bin
comitted the said sume of foure thousand seven hundred ninety
Seven pounds of tobacco to him the said Benjamin according to the
tenour of the said bill obligatory although often thereunto required
hath not paid, but the same to pay hath denyed & as yet doth deny,
whereupon the said Benjamin saith he is damnified & hath losse to
the Value of five thousand pounds of tobacco, & thereupon he bring-
eth his suite
And the said Abigail Wright by Robert Carvile her Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provintiall Court & itt is granted
unto her, the same day is given to the plaintiffe also.
Att which said next Provintiall Court came as well the said plain-
tiffe as the said Defend^t by their Attorneys aforesaid And the said
Abigail by her said Attorney saith, that the said Benjamin his action
aforesaid against her ought not to have because she saith, that she
hath fully Administred all the Goods & Chatties which were of the
said Arthur att the tyme of his death, So that she hath no Goods or
Chatties which were of the said Arthur att the tyme of the death of
the said Arthur in her hands to be Administred nor had the day of
the issueing forth of the originall Writt of the said Benjamin this
she is ready to averr, & demands judgem^t if the said Benjamin his
action aforesaid ought to have against her &c. And the said Ben-
jamin saith, that he by any thing before alledged from haveing his

p. 822

action aforesaid ought not to be barred Because he saith that the
said Defend^t att the tyme of the purchasing the writt aforesaid by
the said plaintiffe in the action aforesaid to witt the thirteenth day
of April in the yeare of our Lord One thousand six hundred seventy
eight had divers Goods & Chatties which were of the aforesaid
Arthur att the tyme of his death att Dorchister County aforesaid
in her hands remaining to be Administred to the Value of the debt
aforesaid out of which the said plaintiffe the debt aforesaid ought
to be satisfied And this he prayes may be enquired of by the Countrey.
whereupon day is giuen unto both parties untill next Provinciall
Court.
Now here att this day to witt the sixth day of June in the fourth