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tobacco which they from him unjustly detaine
And whereupon the said Wm Dare by George Parker his Attorney
saith, That whereas the said Disborough Bennet the twenty fifth
day of May Anno One thousand six hundred seventy & six by his
certaine bill obligatory Sealed with the Seale of the said Disborough
& here in Court produced whose date is the day & yeare first aboue
written was holden & firmly bound unto Mr William Dare of Calvert
County in the Province aforesaid Mrchant the full & just Sume or
quantity of Eight thousand Eight hundred fifty & three pounds of
tobacco to be paid to him the said William Dare his certaine Attor-
ney his heyres Exrs or Admrs itt being due for a Valuable consid-
eracon in hand allready received to be paid att or upon the tenth
day of Novembr next ensueing the date of the said bill, to be paid
conveniently in the County of Kent abovesaid For the which pay-
ment well & truely to be made & done he the said Disborough did
binde him his heyres Execrs or Admrs firmly by those prsents Not-
withstanding which the said Disborough Bennet the said Sume of
Eight thousand Eight hundred fifty & three pounds of tobacco in
his life tyme did not pay nor the said Mary while she was sole the
said sume of Eight thousand Eight hundred fifty & three pounds of
tobacco did not pay, nor the said Lewis & Mary since the death of
the said Disborough to whom Letters of Administracon of all &
singuler the Goods & Chattels which were of the said Disborough att
the tyme of his death since the death of the said Disborough hath
bin granted although often thereunto required have not paid but
the same to pay doth altogether deny & refuse whereupon the said
Wm Dare saith he is the worse & hath damage to the Value of
twelve thousand pounds of tobacco & thereupon he bringeth his suite
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p.677
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676]
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And the said Lewis & Mary by Robert Carvile their Attorney
come & defend the force & injury when &c and pray liberty to im-
parle Hereunto untill next Provinciall Court & itt is granted unto
them, the same day is given to the plaintiffe also
Now here att this day to witt the ffifteenth day of Octobr in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 came the said parties by their Attorneys aforesaid And
the said Lewis & Mary by their said Attorney say, that as to three
thousand foure hundred & Seven pounds of tobacco part of the debt
in the declaracon menconed they have satisfied & paid unto the said
Wm Dare And as to five thousand foure hundred forty six pounds
of tobacco the remainder of the said debt they cannot gainsay for that
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