26 Provincial Court Proceedings, 1679,
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Liber W. C.
p. 25
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Wm Cole & ux:
Execx Roch ford
agt
Gerard Slye Admr
Chillman
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Gerard Slye late of St Maryes County Admr of
all and singuler the Goods & Chattles of Richard
Chillman deceased was Sumoned to Answer unto
Wm Cole & Margarett his wife Exx of the last
Will & testamt of Michael Rochford deceased
of a plea that he render unto them the Sume of
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two thousand pounds of tobacco which from them he unjustly
detaines
And whereupon the said Wm & Margarett by Robert Carvile their
Attorney say, that whereas the said Richard upon the fourth day of
April in the yeare of our Lord One thousand six hundred Seventy
Eight, by his certaine bill or writing obligatory Sealed with the
Seale of the said Richard & here in Court produced whose date
is the day & yeare abovesaid did confesse & acknowledge himselfe
to be holden & firmly bound unto the said Michael in the just & full
Sume of two thousand pounds of good sound & Mrchantable tobacco
in caske to be paid to the said Michael his Execrs Admrs or assignes
att or before the tenth day of Octobr then next in some convenient
place in Petuxent or St Maryes County To which payment well &
truely to be made he bound himselfe his heyres Exrs & Admrs by
those prsents Yet notwithstanding the said Richard in his life tyme
or the said Gerard since his death the said Sume of two thousand
pounds of tobacco to the said Michael in his life tyme or to the said
Margarett since his death while she was sole, nor to the said Wm and
Margarett since their intermarriage though often thereunto requested
hath not paid or satisfied, but the same to pay & satisfie hath hitherto
& still doth deny & refuse to the damage of the said Wm & Margaret
three thousand pounds of tobacco & thereupon they bring their suite
And the said William and Margarett bring here her Letters Testa-
mentory, whereby itt may appeare to the Court here that she is
Execx & right hath of Administracon
And the said Gerard Slye by Christopher Rousby his Attorney
cometh & defendeth the force & injury when &c and saith that he is
not informed by the said Gerard of any Answer by him to the action
of the said Wm & Margaret to be given, & nothing else saith there-
upon, by which the said plaintiff remaineth against the said Defendt
therefore wholy undefended Therefore itt is considered by the Court
here this day to witt the fifteenth day of Octobr in the fourth yeare
of the Dominion of the right Honble Charles Lord Baltemore &c
Annoq Doni 1679 that the said Wm Cole and Margarett his wife
Execx as aforesaid recover against the said Gerard Slye Admr as
aforesaid as well the Sume of two thousand pounds of tobacco debt
As also six hundred Sixty two pounds of tobacco costs of suite And
the Defendt in mercy &c
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