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Provincial Court Proceedings, 1678. 37
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is the same day & yeare abovesaid did binde himselfe his heyres
Execrs Admrs to pay unto the Honbe Charles Calvert now Lord
& Propry of the Province of Maryland as aforesaid his heyres
Execrs Admrs or assignes the sume of One thousand pounds of good
sound Mrchantable tobacco & cask upon demand in some convenient
place in Petuxent River Notwithstanding which the said Edward
Roe in his life tyme the same hath not paid according to the tenour
of the said writeing obligatory to the said Charles Calvert Esqr now
Lord & Propry of the Province of Maryland as aforesaid, nor the said
Mary since his death Exx of the last Will & Testament of the said
Edward, but the same to pay hitherto hath & still denyes to pay to
the damage of the said Charles Calvert now Lord & Propry as afore-
said the sume of three Thousand pounds of tobacco Whereupon the
said Kenelm Attorney Genll as aforesaid craveth advice in the
prmisses & that the said Mary may come here into Court & answer in
& upon the same
And the said Mary Roe by William Crosse her Attorney cometh
& defendeth the force & injury when &c and saith that she can say
nothing in barr of the action of the said Kenelm Cheseldyn Attorney
Genll as aforesaid, but that the said Kenelm Attorney Genll the said
Suine of One thousand pounds of tobacco declared for ought to
recover out of the Estate of the said Edward Roe Therefore itt
is considered by the Court here this Eleventh day of October in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 that the said Kenelm Cheseldyn Attorney Genll as afore-
said recover against the Estate of the said Edward Roe as well the
aforesaid Sume of One thousand pounds of tobacco debt As also
five hundred Sixty Eight pounds of tobacco costs of suite And the
Defendt in mercy &ca
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Liber N N
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Tho: Marsh
agt
Richtt Baily
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Richard Baily late of Talbot County was Sumoned p. 709
to answer unto Thomas Marsh of a plea that he
render unto him ffive thousand two hundred pounds
of tobacco which to him he oweth & unjustly detaineth
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And whereupon the said Thomas by Robert Carvile his Attorney
saith, that whereas the said Richard upon the day of
in the yeare One thousand six hundred Seventy six by his certaine
Obligacon Sealed with the Seale of him the said Richard & here in
Court produced whose date is the day & yeare abovesaid, did con-
fesse & acknowledge himselfe to owe & stand indebted to the said
Thomas in the sume of five thousand two hundred pounds of good
sound Mr chantable tobacco with cask to be paid upon his own planta-
con att or before the tenth day of October then next Yet the said
Richard the said Sume of five thousand two hundred pounds of
tobacco to him the said Thomas though often thereunto requested
hath not paid, but the same to pay hath hitherto denyed & refused
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