240 Provincial Court Proceedings, 1679/80.

Liber W. C.

is the same day and Yeare above written acknowledge himself to
owe and Stand indebted unto the said Jn^o Cuningham of the Citty
of Glassgoe Marchant in Scotland, in the Just and full Sume of
ffive thousand Eight hundred and fifty pounds of good sound Mar-
chantable leafe Tobacco in Caske, w^ch sume of ffive thousand eight
hundred and nifty pounds of Tobacco hee did thereby promise &
Engage to pay or Cause to bee well and truely paid to the said John
Cuningham his heires Executo^rs or assignes or his Certaine Attor-
ney att some Convenient place in the said County and that Upon
all Demands after the tenth day of October next ensueing the date
thereof, to the true payment Whereof hee Did bind himself his
heirs Executo^rs and Adm^rs firmely by those p^rsents Notwithstand-
ing w^ch the said Nicholas Proddy in his life time Nor the said John
Addison Since his death though often thereunto Required Exec^r of
the last will and Testament of the sayd Nicholas Proddy. The Said
Sume of ffive Thousand Eight hundred & fifty pounds of Tobacco
to him the said John Cuningham in his life time hath Not payd

p. 214

according to the Teno^r of the said writeing obligatory, Nor to the
said Thomas John Robert and William Since his death Executo^rs
of the last will and Testament of the sayd John though often re-
quired but the same to them to pay hitherto hath and Still Denyes
to pay to the Damage of them the said Thomas John Robert and
William the sume of Tenn thousand pounds of Tobacco and there-
upon they bring their Suite And the said Thomas John Robert and
William bring here in Court the Letters Testamentary of the said
John Cuningham to them granted That Itt may appeare to the Court
here that they are Executo^rs of the same and thereupon to have
Administracon
And the said John Addison Adm^r of Nicholas Proddy deceased
by Robt Ridgely his Attorney Cometh and defendeth the force and
Injury when &c and prayeth Liberty to Imparle hereunto untill next
Provinciall Court and Itt is Granted unto him the same day is given
to the ptt alsoe
Att w^ch said next Provinciall Court Came the said partyes by
their Attornyes aforesaid, and the said John Addison by his said
Attorney sayth That the aforesaid plantiffes their Accon aforesaid
of and upon the writeing obligatory aforesaid against him ought
not to have, because hee sayth y^t hee the said John Addison is, and
att the time of the obtaining of the Originall writt of the said p^fto
and long before was Commorant and Inhabiting in st Maryes
County, and that hee first had Notice of the said debt due from the
estate of the said Nicholas Proddy deceased to the said John Cuning-
ham deceased the first day of Aprill in the year 1678 and not before,
before w^ch time the said John Addison had fully administred all the
goods & Chattles w^ch were of the said Nicholas at the time of his
death, And that hee hath noe goods nor Chattles w^ch were of the
said Nicholas at the time of his death in his hands to bee administred