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( 103 ) June ye. 11th. 1691 - - - - - - - Mr. ffrancis: Jenckins plt Somerset County Ss. George Seaward & Walter Lane Execcutors of the last will and agt. Testament of Josias Seaward decd was sumoned to answer unto ffrancis: Jenckins Seaward &: Lane deft ~ of a plea that they render unto him the full & just Sum or Quantity of nine thousand - - - - - - - - - - - three hundred and Eight pounds of good sound Merchantable tobacco & Cask which from him he oweth and unjustly deteineth. ---------- And whereupon the said ffrancis by Peter Dent his Attorney saith the said Josias in his life time to witt the 8th. day of March in the year of our Lord 1687/8 at Pocomoke within the Jurisdiction of this Court by his Certain Bond Obligatory which the said ffrancis with the seal of the said Josias Signed bringeth here into Court, the date wherof is the day and year abovesd, acknowledge him Self to be bound to the said ffrancis in the full and just Sum of 9308: Pounds of tobacco and Caske to be paid to the sd ffrancis Jenckins, his certain Attorney his Heirs Extrs, Admrs or Assigns, to the which payment the said Josias bound himself firmly by the sd Bond. Nevertheless the said Josias in his lifetime nor the sd George and Walter, Execcutors.as aforesd nor any of them. the said Sum to the sd ffrancis hath not paid but hath hitherto denyed, and doth still deny to ye damage of the sd ffrancis of: 11000: Pounds of tobacco, and thereof he brings his suite. &c. Dent pr Quer. Pleg.. Jno. Doe Rich: Roe And the said George and Walter Exectrs. asd. Comes and defends the force and Injury wn &c. & Prayeth the hearing of the said Obligation, and it is read unto them in these words. Know all men by these prsents &c. the Pray also the hearing the Condition of the sd Obligation and it is read unto them in these words The Condition of this present Obligation is Such that if the above bounden Josias Seaward his Heirs Execcutors or Admrs shall well and truly satisfie content and pay and cause to be well and truly unto the above named ffrancis Jenckins, his Heirs, Execcutors Admrs or Assigns, or cause to be well and truly Satisfyed contented and paid the just sum or quantity of four thousand Six hundred and fifty four Pounds of good sound Merchantable tobacco in Caske at Some one Convenient Port or Towne in the County aforesd. at or upon the 10th. day of October next ensueing the date hereof that then this Obligation to be void and of none effect Otherwise to stand and remain in full force power & virtue. Maryland Somerset County Ss. Know all men by these presents that I Josias: Seaward of the Co. aforesd Gent. am holden and firmly bounden unto ffrancis: Jenckins of the County aforesd Gent. the full and just sum or quantity of nine thousand three hundred & eight pounds of good sound merchantable tobacco in Caske, due to be pd to the said ffrancis: Jenckins, his Certain Attorney his Heirs Execcutors,Admrs or Assigs, to which paymt. well & truly to be made and done, I bind myself my Heirs Extrs & Admrs firmly by these presents in the whole and for the whole to the sd ffrancis his Heirs, Extrs or Admrs, in wittness whereof I have hereunto Sett my hand and seal this 8th. day of March Ano. Dom. 1687/8. The Condition of this present Obligation is such that if the above bounden Josias:Seaward his Heirs, Extrs or Admrs, shall well and truly satisfie content and pay unto the above named ffrancis:Jenckins his Heirs Execctrs Admrs or Assigns, or cause to be satisfied contented and paid the just Sum or quantity of four thousand six hundred fifty four pounds of good sound, Merchantable tobacco in Caske at Some one Convenient Port or town in the County aforesd at or before the Cth. day of October next ensueing the date hereof that then this present Obligation to be void and of none effect, Otherwise to Stand and remain in force power and virtue. Sealed and delivered in prsence of us. August ye 14th. 1690. the abovesd bill proved Wm: Trail by the Oath of Wm: Woodland before Josias Seaward Wm. ~ Woodlan Samll.Hopkins & Edmund: Howard his marke ---------------------------------------------- lb tob. Order granted according to Declaration agt Walter Lane viz for 4654. &c. |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 103 View pdf image (33K) |
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