MARCH, 1697/8 COURT 335

the damage of the Said Edward of 800 lbs. of tobaccoe and thereupon he brings
this Suite etc.

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

The Said plantiffe by his Attorney aforesaid haveing Issued out a writt against
the Defendant and Likewise have Caused a Coppy of the Declaration by the
Sheriffe Left with the Defendant at the time of Serving the Said writt which
was Eight dayes before this Court Whereupon the Said plantiffe prayeth that
the Said Defendant to his Decleration aforesaid this Court may Answer Accord-
ing to Act of Assembly in Such Cases made and provided etc.

And the Said Defendant by John Meriton his Attorney Cometh and Defend-
eth the force and Injury when etc. and for plea Saith that the plantiffe his
Action against him to have and maintaine ought not for that the Said Defend-
ant never did pass any Such bill or ever had any dealings with Edward Kinton
as the plantiffe in his Decleration aforesaid hath Sett forth or did ever know
any Such person for which insufficiency the Declaration is altogether insufficient
to maintaine the Same etc. wherefore prays Judgment of this Court if the
plantiffe his Judgment against him to have and maintaine ought but that the
Same may Abate.

Meriton for the Defendant.

The truth of the matter in Controversie by the Court here between the
parties aforesaid being Seen heard understood and Maturely Deliberated It is
thereupon Considered that the Said Edward Kinton Recover against the Said
James Wapple the Sume of four hundred pounds of tobaccoe his Debt aforesaid
And his Damages by Occation of Deteyning of the Said Debt two hundred
pounds of tobaccoe to the Said Edward Kinton of his Assent by the Court here
Adjudged And the Said James Wapple in mercy etc.

James Brooke plantiffe: Charles Tracey Defendant

Prince Georges County Ss. Charles Tracey Late of Prince Georges County
otherwise Called Charles Tracey of Prince Georges County Inholder was
Sumoned to Answer unto James Brooke of a plea that he Render unto him the
full and Just Sume of four thowsand Six hundred and Sixty pounds of good
Sound Merchantable Leafe tobaccoe in Caske which to him he oweth and
unjustly Deteyneth etc.

And Whereupon the Said James by William Stone his attorney Saith that
whereas the Said Charles the 28th day of June Annoque Domini 1697 att Charles
Towne within the Jurisdiction of this Court by his Certaine bill Obligatory
which the Said James with the Scale of the Said Charles Signed bringeth here
into Court the date whereof is the day and yeare aforesaid Did bind himselfe
his heires Executors Administrators to pay or Cause to be paid unto the Said
James Brooke of the Abovesaid County his heires Executors Administrators or
Assignes the full and Just Sume of four thowsand Six hundred and Sixty pounds
of good Sound Merchantable Leafe tobaccoe in Caske Convenient upon Pattux-
ent River in Prince Georges County by or upon the tenth day of October next
[307] Ensueing the date of the Said bill Obligatory Notwithstanding which the
Said Charles the Said Sume of 4660 pounds of tobaccoe in Caske According to
the tennor of the Said bill Obligatory Although Often Required the Same to the
Said James hath not Rendered but the Same to Render to the Said James hath
denyed and Still doth denye to the Damage of the Said James of 8000 lbs. of
tobaccoe and thereof he brings his Suite etc.