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2 Provincial Court Proceedings, 1681. Liber w. c. promise aforesaid hath not Paid or satisfyed though often thereunto p. 386 required, but the same to pay and Satisfy have hitherto Denyed and still doe denye and Refuse to the damage of the said William ffoure thousand pounds of Tobacco, and thereupon he brings his suite And the said Edward Pindar by Robert 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 plantiffe also Att wch said next Provinciall Court Came the said partyes by their Attorneys aforesaid, and the said Edward Pindar by his said At torney sayth that the aforesaid plt his accon aforesaid against him ought not to have because hee sayth that hee hath fully administred all and Singuler the goods & Chattles wch were of the aforesaid William ifoord at the time of his Death, and that the said Edward hath noe goods or Chattles wth were the said William's at the time of his death in his hands to be administred nor had not at the time of the issueing the Originall writ in this suite, nor ever afterwards, and this he is ready to averre Wherefore he prayes Judgment of the Courts if the aforesaid William Phelps his accon aforesaid against ought to have And the said William Phelps by his said Attorney sayth that hee for anything by the said Edward in the said Plea alleadged, from his accon aforesaid against the said Edward ought not to be stopped because he sayth that the aforesaid Edward the day of the takeing out the originall writ of the said William Phelps had Divers goods and Chattles wch were of the aforesaid William ifoord at the time of his Death, in his hands to be administred to the Vallue of the debt aforesaid Whereof the said William Phelps of that debt he might have satisfyed And this hee prayes may be Enquired of by the Country And the said plantiffe Likewise Therefore It is Comanded the sheriffe of St Maryes County that hee Cawse to come Twelve &c by whome &c and who Neither &c To Recognize &c because aswell &c Now here at this Day to wit the Thirtyeth day of Aprill in the sixth yeare of the Dominion of the Right honoble Charles Lord Baltemore &c Annoq Dominj 1681 Came the said partyes by their Attorneys aforesaid and The Jurors Impannelled being Called like wise came to wit William Roswell Joseph Pile William Langworth, Edward Cooke, John Rosse, John Richardson, Henry Griffith John Phillips, Samll Millington, Philip Lines, William Robson and Griffith Janes Who being Elected tryed and sworne to say the truth in the prmises Upon their oathes Doe say That the said Edward Pindar hath not fully administred all and singuler the goods and Chattles were of the said William ffoorde at the time of his death, but that the said Edward hath seaverall goods & Chattles (wch were of the said William ffoorde at the time of his death) in his hands to be Administred to the Vallue of the debt aforesaid, Therefore it is Considered that the said Wm Phelps Admr as aforesaid Recover against the said Edward Pindar Admr as aforesaid aswell the afore |
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Volume 70, Page 2 View pdf image (33K) |
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