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Provincial Court Proceedings, 1679/80. 179
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annexed to the said Declaration, But is more by the Quantity of Two
Thousand one hundred sixty two pounds of Tobacco, All wch the
said Christopher is Ready to Aver r e, and Thereupon because of the
said Variance uncertainty and Untruth aforesaid, by Reason whereof
the Court Cannot Legally ground a Judgment, The said Christopher
prayes Judgment of the said bill or Declaration, and Whether the
said plantiffes in this behalfe ought to bee Answered, And that the
aforesaid Accon may Abate
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Liber W. C.
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Which being Read heard and Argued & by the Justices here fully
understood Itt Seemeth to the same Justices that the said plea
of the said Defendt in Abatement of the Action aforesaid in
manner and forme aforesd pleaded & the matters in the same Con-
tained are Sufficient in Lawe to Abate the aforesaid Accon against
the said Defendt in forme aforesaid brought Therefore it is Con-
sidered that the Accon aforesaid against the said Deft in forme
aforesaid brought shall be Abated, and the said Defendt may goe
thereof without Day, And alsoe that the said Christopher Rousby
recover against the said John Addison and Marke Cordea The
sume of pounds of Tobacco for his Costs
and Charges by him About his Defence in this behalfe laid out &
expended And the said Christopher may haue thereof Execution
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p. 161
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Thomas Lomaxl
agt
Gerrard Slye
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Gerrard Slye late of st Maryes County
f-Ejectm' gentT was attached to answer e unto
Thomas Lomax of a plea Wherefore wth
force and Armes one Tract of Land
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called Rich Neck Containing ffive hundred Acres bee the same
more or lesse Scituate Lyeing and being in the County of st Maryes
aforesaid betweene Mattapany and Bushwood, wch John Coode and
Susanna his wife late wife of Robert Slye deceased, and mother
and Guardian of Elizabeth Slye and ffrances Slye the Daughters
of the said Robert Slye in Right of the said Elizabeth & ffrances
Demised to the said Thomas Lomax for a terme wch is not yet past,
Did Enter and him from the posession thereof did Eject & other
harmes to him did to the greate damage of the said Thomas Lomax
and against the Peace of the Right honoble The Ld Propry
And Whereupon the said Thomas Lomax by Robert Carvile his
Attorney sayth That Whereas the said John Coode and Susanna
his wife late wife of the said Robert Slye deceased, and mother and
Guardian of the said Elizabeth & ffrances the daughters of the said
Robert Slye, in Right of the said Elizabeth & ffrances, The 28th
day of September in the year e of our Lord 1679 in st Maryes
County aforesaid did Demise said Tract of Land Called Rich neck
Containing ffive hundred Acres bee the same more or Lesse Scituate
Lyeing and being in the County of st Maryes aforesaid Betweene
Mattapany and Bushwood aforesd unto him the said Thomas Lomax
To have and to hold to him the said Thomas Lomax and his As-
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