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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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