Archives of Maryland, Volume 0091, Page 0036 - Somerset County Judicial Records, 1687-1689

Somerset County Judicial Records, 1687-1689

36
Came before his Lopp^s: Justices in Co^rt: Setting & before them made oath that he Sawe the within named
Signe Seale & Deliver the abovesaid as theire Act & Deed Teste Edm: Beauchamp Clke Cur ~ ~
This bond proved to be Signed Sealed & delivered by John Rousalla & W^m: Harper as theire act &
deed by the oath of Richard Harris Sworne before mee 26^th: Aug^st: 1687: William Stevens
This following read before the Co^rt: & Jury given in by the def^t: vizt
Know all Men by these presents that I Henry Smith have Sold unto John Rousalla ffour -
hundred acres of Land out of a tract of Land of one Thousand acres taken up by Tho: Smith
Lieing & being in Pocomoke on the w^ch: land he now liveth upon in Consideration of Ten -
Thousand pounds of tobacco & Caske to be p^d: at four payments for which he he hath -
passed his bills for and I doe oblige my Selfe my heires executors & administ^rs: firmly
by these presents to make over the said land unto the said John at the last payment
of the said Ten thousand pounds of tobacco & Caske for the true performance whereof
I have Set to my hand & Seale this 22^th: November 1681
Testes Henry Smith Sealed
his
George B Benson
marke
John Taylor was Sworne before the Co^rt: & Jury on the behalfe of y Def^t:
The Jury having rec^d: theire Chardge goe forth from the Court on the Cause depending
And the Same day to Witt y 14 day of March A^oD^o 1687 Came Capt^a: Henry Smith plt by his Attorney
Thomas Poole as well the def^t: John Rousalloe by his Attorney John Taylor And the Jurors (to
witt) m^r: John West: fforeman: Marcy ffountaine: Rowland Bevands: John Starrett: John
Outen: Edward ffowler: Thomas Laramore: Thomas Gordon: Manus Morris : George Collins:
John Parker & Richard Crockett who to Say the Truth being summoned Impannelled & Sworne
upon theire oaths Say that the finde for y plaintiffe ord^r: that the verditt be Enterdd & this
Co^rt: Confirmes the verditt thereupon the def^t: John Rousala desires to appeale to the hon^r:ble
Justices of y Provinciall Co^rt: w^ch: is by this Co^rt: grannted giving Security according to Law
~ ~ ~ ~ ~ ~ ~ ~ ~
The Same Day Comm^rs: as afore
Capt^a: Henry Smith plte} Poole pro plaintiffe
ag^t: Co^rt: Commands A Jury plte & def^t: Joyne issue
W^m: Harper def^t: Sangster pro def^t:
The Jury Impanelled & Sworne vizt m^r: John West fforeman Marsy ffountaine: Rowland
Bevands: John Starret: John Outen: Edward ffowler: Thomas Laramore: Thomas Gordon:
Manus Morris: George Collins: John Parker: Richard Crocket: ~ ~ ~ ~ ~
decl^a: read vizt
Somersett County Ss: William Harper Late of this County was attached to answ^r: unto Capt^a:
Henry Smith in a plea of Debt &c
And whereupon the plte by Thomas Poole his attorney Comes & Sayeth that he the s^d: William
upon the 26^th: day of March in the year 1685 became indebted unto y plte the full
& Just summe of twenty Thousand pounds of good Sound Marchantable Tobacco in
Caske as will in Co^rt: more plainely appeare by a Certaine bond under the hand &
Seale of the aforesaid William bearing date as aforesaid wherein he the said William
did binde himselfe his executo^rs: & adm^rs: to pay the full sume aforesaid of 20000^lbs: of tob:
unto the plte his heires executors adm^rs: or assignes according to y Tenor of y afores^d:
bond w^ch: wee have here in Co^rt: to produce but he the s^d: William fraudulently intending
the plte to deceive of y sume of 20000^lbs: of tobacco doth denie & Still doth denie to pay the Same
although often thereunto required by the plte whereupon the plte Saith he is damnified & hath
damadge to the value of forty Thousand pounds of tobacco & thereupon Brings this Sute
pro quer Tho: Pools pledge de P^o:} Jn^o: Doe
Richard Roe

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Somerset County Judicial Records, 1687-1689

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