JANUARY, 1696/7 COURT 135

Hugh Montgomery plantiffe: Richard Addis Defendant.

The plantiffe by Thomas Huges his Attorney Sues the Defendant for the Sume
of two hundred Eighty nine pounds of tobaccoe etc. and did riot procecute his
Said writt in Appeareing Either by himselfe or Attorney when the Said Action
Came upon tryall but made Default. Therefore he and his pledges of procecut-
ing be in mercy etc. Lett the names of the pledges be Sought etc. and the Said
Richard Addis goe thereof without day etc. It is Likewise Considered that the
Said Richard Addis Recover against the Said Hugh Montgomery his Damages
by occation of the premises to two hundred ninty three pounds of tobaccoe to
the Said Richard Addis by the discretion of the Justices here at his Request for
his Costs and Charges in this behalfe Sustained etc. According to the forme of
the Stattute etc. and by the Court here Adjudged etc.

Thomas Taney Executor of Michael Taney plantiffe: William Philmore De-
fendant.

William Philmore Late of Prince Georges County Carpenter otherwise Called
William Philmore of Calvert County in Maryland was Sumoned to Answer unto
Thomas Taney Executor of the last will and testament of Michaell Taney
Deceased of a plea that hee render unto him the full and Just Sume of twelve
hundred thirty and three pounds of good Sound bright Marchantable Leafe
tobaccoe in Caske in good order and well Conditioned free from trash or ground
Leaves which from him hee unjustly Deteyneth etc.

[121] And Whereupon the Said Thomas by Joshua Cecell his Attorney Saith
that whereas the Said William in the life time of him the Said Michaell that is
to Say the 29th day of September in the yeare of our Lord 1690 Att Calvert
County that is to Say at Charles Towne within the Jurisdiction of this Court
by his Certaine bill or writeing Obligatory Sealed with the Scale of him the
Said William and here in Court produced the date whereof is the day and yeare
aforesaid he the Said William by those presents did bind himselfe his heirs
Executors and Administrators to pay or Cause to be paid unto the Said Michaell
his heirs Executors or Assignes the full and Just Sume of 1233 pounds of good
Sound bright Marc[h]antable Leafe tobaccoe in Caske in good order and well
Conditioned free from trash or ground leaves Convenient in the Said County
by or upon the tenth day of October next Ensueing the date of the Said bill or
writeing Obligatory Nothwithstanding which the Said William the Said Sume of
1233 pounds of tobaccoe According to the tennor of the Said bill or writeing
obligatory to him the Said Michaell in his life time or to the Said Thomas after
the decease of the Said Michaell to whome Execution of the last will and testa-
ment of the Said Michaell hath been Legally Comitted Although often Demand
have not paid but the Same to pay hath denyed in Retardation of the Administra-
tor aforesaid and to the Damage of the Said Thomas of 1600 lbs. of tobaccoe and
thereupon hee brings this Suite etc. And the Said Thomas Executor aforesaid
brings into Court the Letters testamentary of the Said Michaell etc. whereby it
may the plainer Appeare etc.

Joshua Cecell. Pledges etc. John Doe, Richard Roe.

And the Said William Philmore by Cleborn Lomax his Attorney Cometh and
defendeth the force and Injury when etc. and prayeth Lycence thereof to Imparle
here untill next Court and it is granted unto him the Same day is given unto the
plantiffe alsoe.

Att which Said next Court (to witt) the 26th day of January Annoque Domini
1696 [1697]: Came as well the Said Thomas Taney Executor aforesaid by William