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ffebruary 12 th. 1690 ( 48 ) George: Layfield Esqre. Plt Somerset County Ssc. Capt. Henry Smith of this County agt. Gent was attached to answer unto mr George Layfield Capt: Henry: Smith. Deft of the same County Gent in a plea of debt. - - - - - - - - - - - - - - - - - - And whereupon the plt by his Attorney James Sangster comes and sayes that the deft stands indebted unto the plt in the full and just Sum of One hundred pound sterling money of England, the which payment well and truly to be made the said deft did bind himself his Heirs Execcutors and Admrs, togeather with his good shipp the Henry and Anne as appears by a Certain Instrument under the hand and Seal of the deft. bearing date the fifth day of April 1688. The Condition of which sd Instrument being Such that if the sd Henry Smith shall well and truly pay or cause to be paid to the said George Layfield plt his Heirs Extrs Admrs or Assigns, the full and just Sum of nineteen thousand six hundred pounds of good sound Merchantable tobacco in Caske, the same to be void, Otherwise to be in full force and virtue as more fully appears by the said Instrument here in Court produced Nevertheless of the said Instrument, the deft fraudulently and craftily intending to deceive the plt y sd sum hath hitherto denyed to pay, and yet doth deny thought often thereunto required, whereby the said sum of one hundred pounds, sterling money of England or his good Shipp Henry and Anne is become due and hereupon the plt brings his suit Sangster p Quer pled de psois Jno. Doe Rich: Roe And the Defendt by Peter Dent his Attorney saith he hath Satisfied the said tobacco according to the Condition of the said Bond, and this he prays may be enquired of by the Country &c. Dent p Defendt. Bond // Maryland Ssc. Know all men by these presents that I Henry Smith of Somerset County Gent Owner Manokin Pocomoke of the good Shipp Henry and Anne fifty tunns or thereabouts doe owe and am in debt District unto George Layfield of Pocomoke in the County of Somerset in the sum of One hundred pound Sterling money of England, to which paymt well and truly to be made I bind my Heirs, Execcutrs, and Admrs with the good Shipp Henry and Anne, with her tacle and furniture, witness my hand and seal this fifth day April One thousand Six hundred / eighty and eight and in the fourth year of our Sovereign Lord James by the grace of God King of England Scotland ffrance and Ireland defender of the faith. - - - - - The Condition of this obligation is such that if the above bound Henry Smith shall well and truly pay or cause to be paid unto the abovesd George Layfield his Heirs Execcutors or Admrs or Assigns the just nineteen thousand six hundred pounds of tobacco sound Merchantable leaf tobacco in Caske clear of all manner of trash to be paid unto the said George Layfield his Heirs Execcutors Admrs or Assigns in Somerset County aforesd according to Act of Assembly, to which paymt I bind my selfe and shipp above exprest my Heirs Extrs Admrs Assigns firmly by these presents witness my hand and Seal this fifth day of April 1688. Anno. Domi. Henry: Smith. ? Sealed. Test. John: Payne James: Harper. Declaracon and Bond being read in Court ye Defendts Attorney produced these following Records and accompts. vizt) Sr: Pay to Capt. Henry Smith or Order the sum of three hundred sixty eight pounds of tobacco his or theres his shall acquit you for that value, and place the same to accot. pr the Order of Sr/ your humble Servt George ? Layfield April 16th. 1690. To George Layfield Esquire Present marke 14th. June 1690. accepted by Geo:Layfield. |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 48 View pdf image (33K) |
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