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Proceedings of the Provincial Court, 1678-1679
Volume 68, Page 237   View pdf image (33K)
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Provincial Court Proceedings, 1679. 237


actions for accompt, & the said actions for trespasse debt detinue &
replevin for Goods & Chatties, & the said actions of trespas quare
clausum fregit within two yeares after the end of that prsent Genll
Assembly, or within two yeares after the cause of such actions & not
after, as by the said Act relation being thereunto had may more
att large appeare And itt appearing by the said Edward own shew-
ing in & by his declaracon that the debt or duty by the said Edward
in & by the said declaracon claymed is above three yeares standing,
the said Symon & Susanna his wife therefore plead the said Act of
Assembly in barr of the said plaintiffes action aforesaid And de-
mands judgmt if the said Edward his action aforesaid against them

Liber N N

ought to have &c Which being read & heard the plt By his Attorney
aforesaid refused to make any further prosecution against the
Defendts in the plea aforesaid Therefore itt is considered that the
said Edward Turner take nothing by his writt but be in mercy for
his false clayme And that the said Symon & Susannah goe thereof
without day And that the said Symon Edwards & Susannah his wife
Execrs as aforesaid recover against the said Edward Turner the
sume of pounds of tobacco for their costs & charges
by them about their defence in this behalfe laid out and expended
And that the said Edward be taken &c

p. 891

Richard Johns

agt
Abra Clarke
& ux:

Abraham Clarke late of the Clifts in Calvert County
planter & Elizabeth his wife was Attached to Answer
unto Richard Johns in a plea of trespas upon the
case

And whereupon the said Richard Johns by George
Parker his Attorney complaineth, that whereas the said Richard
Johns was possessed of a certaine boate containing by the Keele
ffifteen foote or thereabouts to the Value of ffifteen hundred pounds
of tobacco lying safe & secure above high water marke att the land-
ing place of the said Richard Johns next the bay side called Chesse-
piake bay att the Clifts in Calvert County as of his own boate, &
being thereof so possessed, the said Elizabeth Clarke the wife of the
said Abraham Clarke together in company with Edward Gough and
Robert Barker endeavouring the said Richard Johns in this behalfe
of the said boate wholy to deceive & spoile, afterwards to witt the
first day of January in the yeare of our Lord God One thousand six
hundred Seventy & six att the landing aforesaid where the said boate
lay safe & secure in forme aforesaid voluntarily & malitiously did
lanch the said boate into the water of the said bay, that the said
boate did floate in the said water, & by Violence the said boate was
driven & taken away, whereby the said Richard Johns wholy lost
the said boate, to the great damage of the said Richard Johns, where-
upon he saith he is damnified & hath losse to the Value of three
thousand pounds of tobacco, & thereupon he bringeth his suite


 

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Proceedings of the Provincial Court, 1678-1679
Volume 68, Page 237   View pdf image (33K)
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