JANUARY, 1696/7 COURT 121

in January Annoque Domini 1696 [1697]: and Likewise at the time of Executing
the Said writt he gave notice to all person or persons in whose hands or possesion
he Attacht Such goods as aforesaid that they be and personally Appeare before
the Justices of our Said Court to Shew Cause if any he have why the Said goods
Soe Atteched Should not be Condemned and Execution thereon had and made
etc. Att which Said Day the Sherriffe Returneth the Said writt (Endorsed on the
back) Atteched in the plantiffs hand fifteen hundred pounds of tobaccoe and Six
barrells of Corne. per Thomas Greenfeild Sheriffe.

And Whereupon the Said David Small prayeth Condemnation and Execution
of the Said fifteen hundred pounds of tobaccoe and Six barrels of Corne Attached
as aforesaid.

Therefore it is Considered that the Said fifteen hundred pounds of tobaccoe
And Six barrells of Corne be Condemned in the hands of the Said David Small
and that the Said David Small have Execution against for the Said fiveteen
hundred pounds of tobaccoe and Six barrells of Corne as aforesaid in his hands
Atteched etc.

And hereupon the Said David Small together with Joshua Cecell his Security
doe undertake for them and Either of them to make Restitution to the Said
Bryant Furgus of the Said fifteen hundred lbs. of tobaccoe and Six barrells of
Corne Soe as aforesaid Attached and Condemned if hee the Said Bryant Furgus
Shall at any time within one year and a day Come here and Appeare to the Said
Originall writt and make it Appeare that the Said David Small hath been and
is Sattisfied his demand aforesaid or Shall otherwise in this Court discount or
barr the Said David Small of the Same or any part thereof etc.

James Moore plantiffe: Bryant Furgus Defendant.

It is Commanded the Sheriffe that of the goods and Chatties of the Said Bryant
Furgus he Attech the Sume of thirteen hundred thirty Eight pounds of tobaccoe
for the Said James Moore [109] And that he make knowne unto the Garnishe
or Garnishees of the Said Bryant Furgus that he or they be here the next Court
to be held here at Charles Towne the twenty Sixth day of January Annoque
Domini 1696 [1697] to Shew Cause if hee or they have any why the Same Should
not be Condemned and the Said James Moore have thereof Execution etc.

Att which day here Came the Said James Moore by his Attorney and the said
Bryant Furgus Cometh not etc. And the Sheriffe now Returneth that he by vertue
of the writt aforesaid hath Attached in Archable Edmonsons hand four hundred
and fifty pounds of tobacc[o]e and in the hands of Thomas Tracey twelve
hundred pounds of tobaccoe and that he hath made knowne to the Said Archable
Edmonson and Thomas Tracey that they be here this day to Shew Cause in forme
aforesaid etc. Thomas Greenfeild Sheriffe.

And upon this the Said James Moore prayeth Condemnation and Execution
aforesaid against the Said Archable Edmonson and against the Said Thomas
Tracey for the tobaccoe Atteched as aforesaid to him by the Court here to be
Adjudged etc. And the Said Archable Edmonson and Thomas Tracey Saith that
the Said James Moore Execution against them of the tobaccoe Soe as aforesaid
Attached ought not to have because they Say that they doth not owe to the Said
Bryant Furgus the Said tobaccoe or any part thereof in forme as the Said James
Moore hath Alleged against them and this they are Ready to verryfie in any
manner as the Court here Shall Consider. And thereupon the Said Archable
Edmonson and Thomas Tracey made Oath on the holy Evangelist that they did
not now nor at the time of the Laying Said Attechment in their hands owe the