Volume 70, Page 246 View pdf image (33K) |
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246 Provincial Court Proceedings, 1682. Liber W. C. manner and forme before pleaded & the matter in the same Con tained is not sufficient Law to Preclude him the Said Roger from haveing his action aforesaid against the said Susanna, and that he thereto hath noe need nor by the Law of the land is bound in any in any manner to answere Whereupon for want of a sufficient p. 595 answere in that behalfe the said Roger doth Demurre in Law there- unto and for Cause and reason of Demurrer in Law in this behalfe he sheweth to the Court here according to the forme of the statute in that case made and provided the Causes following, ffirst because the said Susanna in the plea aforesaid doth not answere to the fourteen hundred twenty five pounds of tobacco part of the said sume of ffifteen thousand five hundred ffifty and foure pounds of Tobacco and three fourths of a pound of tobacco in the Replica tion aforsd above Specified, And for that the plea aforesaid of the said Susanna tends to the Generall issue onely & soe not Con venient to be soe specially pleaded, And lastly for that the plea aforesaid is insufficient in matter and forme, And this he is ready to verify Whereupon he prayeth Judgment and his debt aforesaid together with the Damages by Occasion of the detaining the debt aforesaid to him to be adjudged, And the Deft likewise being read and heard by the Justices here fully undTstood & dilligently Examined Itt Seemeth to the same Justices that the Demurrer of the aforsd plt is a good Demurrer and that the Reasons therein mentioned and others by him before pleaded are good and Suffi cient in Lawe to maintaine the accon aforesaid of him the said plt in manner and forme aforesaid brought Therefore Itt is Consid ered by the Court here that the said Roger Brooke Recover against the Said Susanna Keene as well the aforesaid sume of One hundred thousand pounds of tobacco debt as also the sume of pounds of tobacco for costs of suite And the said Deft in mercy &Ca Roger Brooke October the 18th 1682 agt Susanna Keene The plt haveing this day Recovered Judgment agt the Deft for One hundred thousand pounds of tobacco debt. and Costs of Suite Itt is Ordered by the Court that Execution Cease to issue upon the said Judgment against the said Deft until the next Court unlesse in the meane time the Deft Refuse to pay to the plt the Sume of ffifteen thousand five hundred fifty and foure pounds of Tobacco & three fourths of a pound of tobacco Together with the Costs of suite upon the said Judgment Abraham Read Lessee of In Ejectmt Andrew Abington agt George Thompson late of St Maryes George ThompsonCounty gentt was attached to answer unto Abraham Read of a plea wherefore with |
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Volume 70, Page 246 View pdf image (33K) |
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