NOVEMBER, 1698 COURT 421

quested but the Same to pay to the Said Charles in his Life time or to the Said
David since the Death of the Said Charles hath denyed and Still doth denye to the
Damage of the Said David of 550 lbs. of Tobacco and thereof he brings this
Suite etc.

Pledges etc. John Doe, Richard Roe. Joshua Cecell.
Robert Anderson Debtor to Charles Treacy March the 10th 1696.
To your account in wast booke 8 Folio 9-87, to your account in wastbook
8 folio 10,48 To account in Ditto booke folio 7/80, to your account in Ditto
booke folio 6/80 in all ............................................... 295

The Plantiffe by Joshua Cecell his Attorney haveing Caused a Coppy of the
Declaration by the Sheriff delivered to the Deffendant att the time of Serveing
the writt upon the Said Defendant which was Eight dayes before the Court
whereupon the Said Plantiff prayeth that the Said Deffendand to his Declara-
tion this Court may answer according to an act of assembly in that Case made
and provided etc.

Whereupon the Said Robert Anderson in his Propper Person cometh and
Deffendeth the Force and Injury when etc. and Saith that he cannot Gainesay
the Action of the Said David Small nor but the two hundred ninety five pounds
of Tobacco is due and oweing to the Said David Small in Manner and forme as
the Said David Small against him hath declared Therefore it is Considered
that the Said David Small recover against the Said Robert Anderson the Sume
of two hundred ninety five pounds of Tobbacco his Debt aforesaid and his
Damages by Occation of deteineing the Said Debt to two hundred and Sixteen
pounds of Tobacco to the Said David Small of his ascent by the Court here
adjudged and the Said Robert Anderson in Mercy.

John Deakins Plantiffe: John Davis Defendant

John Davis Late of Prince Georges County planter was atteached to answer
unto John Deakins of a Plea of Tresspass upon the Case etc.

And whereupon the Said John Deakins by Joshua Cecell his Attorney Com-
pleineth that whereas the Said John Davis the 10th day of January in the year
of our Lord 1697 [1698] att Charles Towne within the Jurisdiction of this Court
was Indebted unto the Said John Deakins in the Sume of four Hundred and
ninety pounds of Tobacco being as well for the makeing two Coffins a ware and
paile as allso for one Dayes attendance as by a Perticular account thereof here
unto Annexed relation being thereunto had may more att Large appear and
the Said John Davis to the Said John Deakins in Manner aforesaid being in-
debted inconsideration thereof did assume upon himselfe and to the Said John
Deakins then and there faithfully promise that he the Said John Davis the Said
Sume of 490 lbs. of Tobacco to the Said John Deakins when he Should be
affterwards by the Said John Deakins thereunto requested would well and truely
Content and Pay and the Said John Deakins in fact Saith that he the Said
John Davis in performance of his Promise and assumption aforesaid afterwards
paid and Sattisfyed unto the Said John Deakins the Sume of one hundred and
two pounds of Tobacco part of the Said Sume of 490 lbs. of Tobacco but as
to the Sume of three Hundred Eighty Eight pounds of Tobacco residue of the
Said Sume of 490 lbs. of Tobacco the Said John Davis his promise and assump-
tion aforesaid not regarding but mindeing and fraudulently intending him the
Said John Deakins in this behalfe Craftily and Subtilly to deceive and Defraud
the Said Sume of 388 pounds of Tobacco residue as aforesaid to the Said John
Deakins hath not Paid allthough the Said John Davis to Pay the Same by the