Volume 191, Page 46 View pdf image (33K) |
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ffebruary 12th. 1690/1 ( 46 ) Capt. Wm: Whittington plt Scieri facias agt the deft being made known & returnd agt the sd Swain being three times called, but no appearance John: Swain. deft the Court Ordr. Execution. vide frame of house &c. John: Covington. Plt Somerset County Ssc. Thomas: Hobbs late of this County Taylor agt was attached to answer unto John: Covington of a plea of Thomas: Hobbs. Deft. trespass upon the Case. &c. - - - - - - - - - - - - - - And whereupon the sd John: by Peter Dent his Attorney saith that the said John. the 10th. day of June in the year of our Lord 1690.at Monokin within the Jurisdiction of this Court was posessed of three yards and three quarters of Kersey as of his own propper cloth and being thereof so posessed, the same afterwards out of his hands and posession did causually loose which said three yards and three quarters of Kersey, afterwards to the hands and posession of the said Thomas Came, Nevertheless the said Thomas well knowing the said Cloth to be the propper gods of him the said John and of right to him to belong and appertaine, but devizeing & fraudulently Intending him the said John in the behalf to deceive and defraud the sd Cloth to the sd John hath not delivered but hath hitherto refused and doth still refuse to the damage of the John of 1600 Pounds of tobacco and thereof he brings his suite. &c. Dent pledg &c. John: Doe Plea. Rich: Roe. Not guillty in manner and form saith the deft. James: Sangster, and this he desires may be enquired by ye Country and the plt also Dent. Evidences for the plt. Richard Chambers, sumond in Court and Sworn as also Samll. Worthington Evidences sworn for ye defendt. Joy: Hobbs & Elias: Jones. Issue being joynd Declaracon being read the whole matter was referred to the Jury, and therefore Comand was given to the sheriffe to Sumon twelve good and lawfull men of his balywick that the Case might be the better understood, which forthwith was performed. pannel whereof is as followeth (viz.) Nathaniel Horsey. Walter: Taylor, John: Colhoon. John: Broughton. Matthew: Dorman. Wm: Smullen. Benjn Deards William: Planner. Junior. John: Panther. Michael: Williams. Richard: Jefferson. Thomas:Larramore. 12 who have deliberatly heard the totall proceedings, decl. and Evidences, receives their charge, are sent forth. and the same day the foresd Jury returns, in Court, with this following verdict, read in the audience of ye plt and deft viz. wee Gentm. of this Jury doe find for the plt. Natt: Horsey. foreman. This Court Orders the abovesd verdict to be entered. judgmt. thereon - - - - - - - - - - - - - - - - - - - - - Capt. John: King plt whereas attachmt was awarded agt the deft. for 1120:lb of tobacco for ye plts use agt there begin allready attacht 942lb. as appears upon Record lib B.W Z .fo.177. Wm: Aylward. defendt. so that there remains 178lb. of tobacco still due to y plt. which sd sum of 178 - - - - - - - - - of tobacco mr Peter: Dent in Open Court assumes to pay to the sd King being so much indebted to the deft. Order Condemnacon for the same. ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mary the wife of James: Ingram, being Sumoned to Court to answer what should be objected agt her (in y) behalfe of their Maties. she the said Mary being accused for leaving of her Husband, and going over the Bay with John Carey the sd Mary being Penitent asking forgiveness of the Court and upon her knees to her husband, her Crime is remitted. |
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Volume 191, Page 46 View pdf image (33K) |
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