266 PRINCE GEORGES COUNTY

goods and Chatties of Marke Catterton Deceased of a plea of trespass upon the
Case etc.

And whereupon the Said James by William Stone his Attorney Complayneth
that whereas the Said William in the life time of him the Said Marke that is
to Say the 2d day of March in the yeare of our Lord 1693: at Calvert County
that is to Say Att Charles Towne within the Jurisdiction of this Court was
Indebted unto the Said Marke in the Sume of nine hundred pounds of tobaccoe
being Soe much tobaccoe due to the Said Marke from the Said William for one
horse by the Said Marke the day and place aforesaid Sold and delivered to the
Said William And the Said William in Manner aforesaid being indebted Incon-
sideration thereof did Assume upon himselfe and to the Said Marke then and
there faithfully promise that he the Said William him the Said Marke for the
Said horse aforesaid the Said Sume of 900 lbs. of tobaccoe to the Said Marke
when he Should be thereunto Requested would well and truly Content and pay
Nevertheless the Said William his promise and [244] Assumption aforesaid
not at all Regarding but mindeing and Fraudulently intending him the Said
Marke in his Life time Craftily and Subtilly to deceive and defraud the Said
Sume of 900 lbs. of tobaccoe to the Said Marke in his Life time did not pay
nor to the Said James Since the death of the Said Marke to whome all and
Singular the goods and Chatties of the Said Marke Since his decease hath been
Legally Comitted Although the Said William to doe the Same by the Said Marke
in his Life time the day and place aforesaid and alsoe by the Said James Since
the death of the Said Marke the 10th day of July 1696 at Charles Towne within
the Jurisdiction of this Court was often thereunto Requested but the Same to
pay hath Denyed and Still doth denye in Retardation of the Administration
aforesaid to the damage of the Said James of 1800 lbs. of tobaccoe and thereof
he bringeth this Suite.

Pledges etc. John Doe, Richard Roe. William Stone.

And the Said James Brings into Court the Letters Administration aforesaid
that it may the more plainer Appeare etc.

And the Said William Jones by John Meriton his Attorney Cometh and de-
fendeth the force and Injury when etc. And prayeth Leave thereof to Imparle
here untill the next Court and It is granted unto him the Same day is given
to the plantiffe Likewise.

And now here at this day (to witt) the 28th day of September Annoque
Domini 1697 Came here as well the Said James Catterton as the Said William
Jones by their Attorneys aforesaid And the Said James Catterton prayeth that
the Said William Jones to his decleration aforesaid may Answer etc. Whereupon
the Said William Jones by John Meriton his Attorney Comes and Defends the
force and Injury when etc. And Saith that the plantiffe his Action aforesaid
against him ought not to have because he Saith that by an Act of Assembly of
this province Entituled (An Act of Limitation of Certaine Actions for avoyding
Suits of Law) the Said plantiffe is barred of his Action aforesaid etc. And
thereupon Demands Judgment if the Said plantiffe his Action aforesaid against
him ought to have etc. John Meriton.

And the Said James Catterten by William Stone his Attorney Saith that he
ought not to be debarred from haveing his Action aforesaid by anything in the
defendants plea aforesaid pleaded And of this he prayes may be Inquired into
by the Court. William Stone. And the Defendant alsoe. John Meriton.

The truth of the matter in Controvesie between the parties aforesaid by the
Court here being fully head understood and Maturely deliberated etc. It is