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12 and yeare aforesaid acknowledged him selfe to be bound to ye said Edward Smith in the Sume of 4000 pounds of Tobacco. and eight gallons of Rum to be paid to the said Edwd. in manner and forme following (that is to say the 8 gallons of Rum and one thousand pounds of Tobacco this present yeare and the remaining three thousand pounds of Tobacco to be paid the very next yeare hereafter ensueing to the which payment well and truly to be made the said Robert bound himselfe firmly by the said writing nevertheless the the said Robert the said sume of four thousand pounds of Tobacco and eight gallons of Rum although often demanded the same to the said Edward in his life time or to the said Ann Executrix. afsd. or to the said John after ye death of the said Ann to whome Admr of all and singular the goods and Chattells of the said Ann by the Ld. Propryry. was committed hath not rendered but hath hitherto denyed and doth still deny to the damage of the said John. of 6000 pounds of Tobacco. and thereof he bringeth his suite &c. Dent pr quer Pledg=er John Doe And he brings here into Court the letters Testamentary of the Rich: Roe. said Ld Propryry whereby it appears to ye Court the said John to be Admr. and thereof to have Adminion. ----------------------------------- Whereupon ye said Perry in his propper person appears and pleads for the Condition of the Bond to be performed, togeather confesseth judgment ----------------- ------------------ And thereupon the Court Ordered that the Condition of the Bond to witt ye Land therein expressed be firmly (before Execution issueth ) made over to the said Perry, hi Heirs Assigns &t. without Cost. ---------------------------------------- John Vigorus, Admr. to Ann. Smith Plt. agt. Continued by Plt and Defendt. John Smock Dfdt. -------------------- Somerset County Ss. John: Smock of Somerset County Planter was attached to answer unto John: Vigorus Admr. of all and singular the goods and Chattels of Ann: Smith deced who was Execcutrx of the last will and Testament of Edward Smith deceased in a plea of Trespass upon the Case &c. ------- And Whereupon the said John Vigorous by Peter Dent his Attorney sayth that whereas the said Edward Smith in his life time (that is to say the 14th day of in the yeare of our Lord 1686. at Monocan within yeJurisdiction of this Court was posessed of one Steare of the value of One thousand pounds of Tobacco as of his owne steare and being thereof posessed, which said steare afterwards to the house and posession of the said as Executrx of the said Edward came after whose death ye right of the said Steare did descend to the said John: Vigerous, as Admr of all and singular the goods and Chattels of the said Ann. and the said John. of the steare afd being posessed y said steare afterwards the 10th . day of May in the yeare of our Lord 1688 out of the hands and posession did causually loose which said steare afterwards to the hands and posession of the said John: Smock by finding came. Nevertheless the said John: Smock by finding came well knowing the said steare to be the propper steare of him the said John. Vigorous and to him the said John: Vigorous of Right to belong and appertaine ----------------- contriveing him the sd John: Vigorus of the steare, afd. Craftily and subtilly to deceive and defraud. the said steare to ye said John: Vigorous although often requested did not restore but the said steare afterwards to the propper use and behoof of himself said John: Smock did convert and dispose to ye damage of the said John:Vigorus of 1600lb tobacco and thereupon |
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Somerset County Judicial Records, 1689-1690
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