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( 131 ) June ye. 13th, 1691 - - - - - - - - - - Became indebted unto the plt in the full and just Sum of One thousand two hundred pounds of good Sound mertable tobacco in Caske, wherein the sd Austin deceased did bind himself his Heirs, Extors and Admrrs for payment thereof to the plts his Heirs, Exters Admrs or Assignes, as by the sd Instrument which is here in Court produced, it doth and may appear. Now the plt saith that the sd Dennise by his intermarriage with the sd Honor. Relict and Admrx to the sd Anthony fraudulently and Craftily intending to deceive the plt of the foresd Sum of 1200 lb. of tobacco hath hitherto denyed payment and yet doth deny though often thereunto required. the plt sayes he is damnified, and hath loss to ye value of 2400. pounds of like tobacco and hereupon brings this Suit. Jno. Doe J:S: pr Qer. pled prsois. Rich: Roe. Plea: And ye. Deft. Saith that he is not indebted to the plt in manner and form as the plt declareth & thereupon puts himself upon the Court. Edward: Jones The plt maintains the ple. J: S: Then was this following Bill produced (viz) - - - - - - - - - - - - - - - - - - - - - - - - This Bill bindeth me Anthony Austin my Heirs, Execcutors Admrs. or Assigns to pay or cause to be paid, the full and just Sum of twelve hundred pounds of good sound merchantable tobacco in Caske to be paid according to Act of Assembly in the County of Somerset & Province of Maryland to be paid to John: Wrichouse of the same County & Province aforesd to be pd the tenth of October next ensueing the date hereof in wittness whereunto I Sett my hand and Seal. this twenty first day of November One thousand Six hundred eighty Six - - - - - - - - Anthony + Austin Testis his Marke James: Hill Signy: Browne his S marke The matter being by the Attorneys referred to ye judgmt: of this Court who finding the Evidences to the sd Bill not in Court to prove sd Bill do Order a Non Suit agt the plt - - - - - - - - - - - - - - - - - - - - - - - vide Winzer fo: 140 Capt. William: Coulborne Plt. Somerset County Ss. James:Smith of this County Tanner was attached to answer unto Contra. Capt. Wm: Coulborne of ye Same County Gent in a plea of debt. &c. - - - - - - - - - - James: Smith. Deft. - And whereupon the plt by. James:Sangster his Attorney, Comes and Sayes that the sd - - - - - - - - - - - - - - - - - deft is become and Stands indebted unto the plt in the full and just Sum of twelve hundred pounds of good Sound Mertable tobacco in Caske to be pd Convenient in the sd County for the true performance of of the Said paymt did bind and oblige himself his Heirs Extors & Admrs. as doth and may appear by an Obligation, under the hand and Seal of the sd deft bearing date the twentieth day of ffebry 1689. and is here in Court produced, the Condition of which Obligation is Such, that if the above named James: Smith deft. do well and truly and faithfully Tann for the sd plt twelve hides, whether of Steer bulls or Cows hides and three deer skins, at or before One year be expired to be accompted from ye date of the sd Obligation, then he same to be void, Otherwise to be of full force and vertue nevertheless ye sd deft fraudulently and craftily intending to deceive the plt of the abovesd Sum of 1200lb. Of tobacco hath not Complyed with the sd Conditions he doth deny payment according to the tenour of ye sd Obligation & the plts great loss & damage & hereupon brings this suit. Ja: Sa pled prois. Jno: Doe Rich: Roe |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 131 View pdf image (33K) |
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