96 Provincial Court Proceedings, 1678/9.

Liber N N

Goods & Chattells which were the aforesaid Joseph Horsleys att the
tyme of his death, & that they have no Goods or Chatties which were
of the aforesaid Joseph att the tyme of his death in their hands to be
administred nor had att the day of the takeing out of the Originall
writt of the said William nor ever after And this they are ready to
verifie & demand judgm^t if the said W^m his action aforesaid ag^t
them ought to haue And the said W^m Dare saith, that he by any
thing before alleadged from haveing his action aforesaid ought
not to be barred, because he saith, that the said Defend^ts att the
tyme of the purchaseing of the writt aforesaid by the said plain-
tiffe in the action aforesaid to witt the thirteenth day of April one
thousand six hundred seventy Eight had divers goods & Chattells
which were of the aforesaid Joseph att the tyme of his death att
Calvert County aforesaid in their hands remaining to be Admin-
istred to the value of the debt aforesaid, out of w^ch the said plain-
tiffe the debt aforesaid ought to be satisfied, & this he prayeth may be
enquired of by the Countrey Which plea & replicacon aforesaid being
read & heard, the said W^m Dare by his Attorney aforesaid saith
that he will make no further prosecution against the Defend^ts in the
plea aforesaid Therefore itt is considered that the sail W^m Dare
take nothing by his writt, but be in mercy for his false claime there-
upon prosecuted And that the said Richard & Rosamond may goe
thereof without day.

Philip Denny

ag^t
Mich^l Miller

Michael Miller late of Kent County gentt was Sum-
oned to Answer unto Philip Denny of a plea that he
render unto him one feather bed rugg pillow & bolster,
two blankets two Gunns & two sowes of the Value of

foure thousand pounds of tobacco which he unjustly detames from
him
And whereupon the said Philip Denny by Robert Ridgely his
Attorney saith, that he the said Philip being under the age of One &
twenty yeares, & haveing given & bequeathed unto him by his ffather
Christopher Denny deceased the said ffeatherbed rugg pillow &
bolster two blanketts two gunns & two sowes the same were in the
possession of Henry Lamb deceased, which said Henry Lamb de-
ceased departed this life the tenth day of Decemb^r One thousand six
hundred seventy two, & Adm^con of all & singuler the Goods Chatties
rights & creditts which were of the said Henry were to the said
Michael comitted by the Judge for probate of Wills &c by vertue
of which Letters of Admcon the said Michael Miller possesses him-
selfe of the Estate of the said Henry, but also of the proper Goods
of the said Philip before menconed And although the said Philip
Denny the aforesaid ffeather bedd, rugg, pillow, bolster, two blan-

p. 763

ketts, two gunns And two Sowes of the said Michael hath often
required and demanded & being the proper Goods of the said Philip