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44 Provincial Court Proceedings,1679.
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Liber W. C.
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him against the forme of the Act of Assembly aforesaid in manner
and forme as the plaintiffe above against him hath complaind And
of this he putts himselfe upon the Countrey. Whereupon the said
Theophilus refuseth to make any further prosecution against the
said Christopher in the plea aforesaid Therefore itt is considered
that the said Theophilus take nothing by his writt, but be in mercy
for his false claime thereupon & that the said Christopher may goe
thereof without day. And also that the said Christopher Hassell
recover against the said Theophilus Turford the Sume of One thou-
sand three hundred & Eighty pounds of tobacco for his costs &
charges by him about his defence in this behalfe laid out & expended
And the said Christopher may haue thereof Execution &c
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Gerard Slye
agt
Kenelm Mackloughlin
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This action is agreed
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p. 42 John & Thomas
Dudlestone
agt
Tho: Tasker & ux :
Adx Jno Brooke
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Thomas Tasker late of Calvert County & Re-
beccah his wife Admx of the Goods & Chattles
of John Brooke deceased were Attached to
Answer unto John Dudlestone & Thomas
Dudlestone of a plea of trespas on the Case
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And whereupon the said John & Thomas by
Robert Carvile their Attorney say, that whereas the said John Brooke
in his life tyme that is to say upon the thirteenth day of octobr in
the yeare of our Lord one thousand six hundred seventy f our e att
Bristoll in the Kingdome of England receivd of the said John &
Thomas Dudlestone a Cargoe of Goods on the proper accompt &
risque of the said John & Thomas Dudlestone amounting in the
whole to the Sume of five hundred thirty & eight pounds three shil-
lings & ten pence sterling as p Invoyce thereof may appeare, he the
said John Brooke in considercon thereof did assume upon himselfe
& to the said John & Thomas Dudlestone faithfully promise that he
the said John Brooke would well and truely pay unto the said John
& Thomas Dudlestone the said Sume of five hundred thirty Eight
pounds three shillings & tenn pence sterl when he should be there-
unto requested, yet nevertheleess the said John Brooke in his life
tyme or the said Rebeccah since his death while she was sole, or
the said Thomas & Rebeccah since their intermarriage the said Sume
of five hundred thirty eight pounds three shillings & tenn pence sterl
to them the said John & Thomas Dudlestone or either of them have
not paid or satisfied, but the same to pay and satisfie haue hitherto
denyed & refused & still doe deny & refuse to the damage of the said
John & Thomas seven hundred pounds sterl & thereupon they bring
their suite.
And the said Thomas & Rebeccah by Christopher Rousby their
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