Volume 70, Page 219 View pdf image (33K) |
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Provincial Court Proceedings, 1682. 219 Wells John Gray, Edward Abbot, Emanuel Ratliffe John Evans. Liber W. C. John Wynne, Edward Morgan, John Martindale John Browne & Henry Morgan Who being elected tryed and sworne to say the truth in ye premisses upon their oathes Doe Say that the said Henry Johnson is guilty of the premisses above imposed upon him in manner and forme as the said James Mills above against him hath Complaineth Wch Verdict of the Jurors aforesaid being Read & heard the said Henry Johnson by his Attorney aforesaid moved the Court here in arrest of Judgment and prayed Day untill the next Provinciall Court and it is granted unto him the same day is given to the plt likewise Now here at this day to wit the Eighteenth day of October in the seaventh yeare of the Dominion of the Right honobie Charles Lord Baltemore &c. Annoq Doni 1682: Came the said James Mills by his Attorney aforesaid the said Henry Johnson by Thomas Bur ford his Attorney came also: And the said Henry Johnson by his Said Attorney sayth, That the plt declares against the deft for that he the Tenth day of ffebruary 1677 being posessed of a Briggantine with Mastes Sayles and Rigging of the vallue of ifourteene thou- p. 573 sand pounds of Tobacco The same the deft did take and Carry away & hath Converted her to his owne use &c. To this the deft pleaded the Generall issue & gave for speciall matter in Evidence two Records of two Judgments Recovered by the plt the 14th day of March 1678 against the deft amounting with costs to the sume of ffourteen thousand Seaventy pounds of tobacco for the very same Briggantine & sayles The Judgment ought to be arrested for that the Judgment for eight thousand pounds of tobacco Recovered by the plt in an action of Trespasse the 14th March 1678 brought for takeing the Brigan tine &c. is the full vallue of the Briggantine And the Judgment for One thousand pounds of Tobacco Recovered by the plt in an Accon of Trespas the same fourteenth day of March 1678 brought for takeing the Sayles &c. is the full vallue of the Sayles of the sd Briggantine And soe the said James the plt is already satisfyed by the deft the full vallue of the said Briggantine & sales & his damages by reason of Johnsons takeing her away And therefore for the Reason aforesaid the deft prayeth the Judgment may be arrested And the Deft have his Costs Wch being read and heard Itt seemeth to the Justices here that the Reason aforesaid is sufficient in Lawe to Arrest Judgemt upon the verdict of the Jurors aforesaid Therefore It is Considered that Judgment upon the verdict of the Jurors aforesaid be Arrested And that the said James Mills take nothing by his writ aforesaid but be in Mercy for his false Clayme thereon And that the said Henry Johnson goe from thence without Day And that the said Henry Johnson Recover against the Said James Mills the Sume of One |
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Volume 70, Page 219 View pdf image (33K) |
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