JANUARY, 1696/7 COURT 151

not paid Although the Said William in his life time to doe the Same by the
Said Robert Afterwards the day and place aforesaid was often thereunto Re-
quested and the Said David Administrator aforesaid Since the death of the Said
William hath been thereunto Requested buth hath hitherto Refused and Still
doth Refuse to the damage of the Said Robert of 2000 lbs. of tobaccoe and
thereupon he brings his Suite.

Pledges etc. John Doe, Richard Roe. Cleborn Lomax.

And the Said David Small Administrator aforesaid in his proper person
Cometh and defendeth the force and Injury when etc. and Craveth licence
thereof to Imparle here untill the next Court and it is granted unto him the
Same day is given to the plantiffe alsoe.

Att which Said next Court to witt the 26th day of January Annoque Domini
1696[1697] Came the Said Robert Lyles by his Attorney aforesaid and the Said
David Small Administrator aforesaid in his proper person Likewise Came and
the Said Robert Lyles prayeth that the Said David Small Administrator aforesaid
to his Decleration aforesaid may Answer etc.

And the Said David Small Administrator aforesaid Cometh in his proper
person and defendeth the force and Injury when etc. And Saith that [he] hath
not Assetts of the Dececeased in his hands to Sattisfie and pay the debt in the
plantiffs Decleration Demanded but desiereth that the plantiffe may have Judg-
ment when Assetts Entred against the Estate of the Deceased for the same.

Mr. William Cooper Debtor to Robert Lyles August the 25th 1696.
To four months one halfe month use of my new Roome to Lodgin and for

your Dyet and Washing and horse pasture the Same time as by agreement

after the Rate of 3500 lbs. of tobaccoe for a yeare ...................... 1312 1/2

Therefore it is Considered that the Said Robert Lyles doe Recover against
the Said David Small as well the Sume of thirteen hundred and twelve lbs.
one halfe pound of tobaccoe his debt for Damages aforesaid as alsoe the Sume
of two hundred and thirty pounds of tobaccoe his damages by Occation of
Deteining the Same to the Said Robert Lyle of his Assent by the Court here
Adjudged to be Leavied of the goods and Chatties which were of the Said
William Cooper at the time of his Death when to the hands of the Said David
Small in time to Come Shall happen to Come to be Administered and the Said
David Small in mercy etc.

Thomas Hussey plantiffe: George Athey Defendant.

The plantiffe by Cleborn Lomax his Attorney Sues the Defendant in a plea
of Debt for the full and Just Sume of nine hundred and four pounds of good
Sound Marchantable Leafe tobaccoe in Caske due by bill as by Decleration and
bill filed Appeareth.

And the Said George Athey by Henry Bonner his Attorney Cometh and
defendeth the force and Injury when etc. and Craveth Lycence thereof to
Appeare and Imparle till next Court and it is granted unto him the Same Day
is given to the plantiffe Likewise.

Att which Said next Court (to witt) the 26th Day of January Annoque
Domini 1696[1697] Came the aforesaid partyes by their Attorneys aforesaid and
the Said Thomas Hussey prayeth that the Said George Athey to his Action afore-
said may Answer etc.

And the Said George Athey by his Attorney aforesaid Cometh and Defendeth
the force and Injury when etc. and Saith that he is not informed by the Said