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Provincial Court Proceedings, 1679/80. 261
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doe Say That the said defendts have fully administred all and singuler
the goods Chattles and Credits wch were of the said John Desiardins
at the time of his death in their hands to bee administred of, nor any
goods and Chattles unadministred in their hands had of the deceaseds
at the time of the pits sueing out the originall Writ Upon this accon
or at any time afterwards Wch verdict of the Jurors aforesaid being
heard the plt by his Attorney aforesd Moved the Court here in
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Liber W. C.
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arrest of Judgmt. Day is thereupon given unto both ptyes untill
next Provinciall Court: And Now here at this day to witt the Six
and Twentyeth day of November in the ffif th yeare of the Dominion
of the Right honoble Charles Lord Baltemore &c Annoq Dommi
1680 Came the said partyes by their Attorneys aforesaid, and the
said Archibold Arthur by his said Attorney sayth, That the said
Defendtspleaded that they had fully administred the goods and
Chattles of the said John Desiardines, and the pR had time allowed
him to make appeare that the said Admrs had Assets in their hands,
and Did shew to the Court and Jury here that the Seaverall Sumes
hereafter mentioned (to bee payd by them) to bee assets in their
hands as followeth.
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p. 234
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(i) — First that the said Judgmt is Erronious in this that"
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the said defts have unjustly because Contrary to Lawe paid
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and allowed themselves by prtended Articles of agreemt
from the deed for building the said deceaseds house, when
they have not built and finished the house as by the said
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ftTob
6ooo
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Articles they were Obleiged to doe, wch must bee assets in
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their hands ......................................
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(2)—Secondly the said Judgmt is Erronious in this. That
the said Sume of six thousand pounds of Tobacco was an
Inferior debt, & of a Lower Nature then the plts by reason
his was a Specialty and put in Suite, Therefore ought to bee
payd before any other debt for pformance of Covenants
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(3) — Thirdly the said Judgmt is Erronious in this. That"
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the said defts have unjustly being contrary to Law paid
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and allowed themselves by accot from the decd The sume of
three thousand ffifty and Nine pounds of Tobacco wch is
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3059
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also an Inferior debt to the said plts wch must bee Assets in
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their hands also ...................................
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(4) — Fourthly the said Judgmt is Erronious in this That
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the sd defts have unjustly being also Contrary to Law payd
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and allowed themselves by Accot for a hyred Servant for
ayding and Assisting the sd Admrs in building the house,
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IS00
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wch is a debt Contracted by themselves & must bee Assets
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also in their hands .................................
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