| Volume 70, Page 246 View pdf image (33K) |
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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