FEBRUARY, 1698/9 COURT 445

Georges County Court to be held att Charles Towne the fourth Tuesday in
January next and Likewise att the time of Executeing this writt he give notice
to all person or persons in whose hands or Possession he Atteached such Goods
as aforesaid that they bee and appear before the Justices of our next Prince
Georges County Court at Charles Towne as aforesaid to Shew Cause if any
they have why the Said Goods soe atteached as aforesaid Should not be Con-
demned and Execution thereon to be had and made etc.

Att which Said Day the Said Sheriffe came into Court and made returne of
the Said writt Endorsed on the back as FoIIoweth (viz.) atteached in the hands
of James Brooke one black Cow one two year old heifer vallued and apraised
To Nine hundred pounds of Tobacco and attaeched in the hands of John
Deakins the Sume of five hundred and twelve pounds of Tobacco and Sumoned
to Court.

per Thomas Greenfeild Sheriffe

Att which day here came the Said James Brooke and the Said William Groome
and John Deakins though Solemnly Called came not nor Either of them wher-
upon the Said James Brooke prayeth that the Cattle atteached in his hands
and the Tobacco soe atteached as aforesaid may be Condemned and tha[t]
Execution thereon to be had and made and by the Court here it is Granted
unto him.

Henry Cullver Plantiffe: David Small Defendant

David Small Late of Prince Georges County Gantleman was atteached to
answer unto Henry Cullver of a plea of Tresspass upon the Case etc.

And whereupon the Said Henry by William Stone his Attorney Compleineth
that whereas the Said David the 29th day of March in the year of our Lord
1698 att Charles Towne within the Jurisdiction of this Court was indebted
unto the Said Henry in the Sume of three thousand two Hundred thirty and
Six pounds of Tobacco being by a note Drawne by one Henry Fernely upon
the Said David payable to the Said Henry and accepted with the propper Hand
wrighting of the Said David as by the Said Noate here ready in Court to be
produced more at Large may appear, and the Said David to the Said Henry
in manner afforesaid being indebted in Consideration thereof did assume upon
himselfe and to the Said Henry then and there Faithfully Promise that he the
Said David the Said Sume of three thousand two hundred and thirty Six pounds
of Tobacco to the Said Henry when hee Should bee thereunto requested would
well and truely Content and pay Nevertheless the Said David his promise and
assumption aforesaid not att all regarding but mindeing and fraudulently in-
tending him the Said Henry in this behalfe Crafftily and Subtilly to deceive and
defraud the Said Sume of 3236 pounds of Tobacco to the Said Henry hath not
paid allthough the Said David to doe the Same by the [Said] Henry afterwards
the Day and place aforesaid and at Severall other Dayes and times was often
thereunto requested but hath hitherto refused and Still doth refuse to the Dam-
age of the Said Henry of four thousand pounds of Tobacco and thereof he
bringeth this Suite etc.

William Stone John Doe, Richard Roe. pledges etc.

The Plantiff by William Stone his Attorney haveing Caused a coppy of the
Declaration by the Sheriffe Delivered to the Defendant att the time of the
Serveing the writt upon the Said Defendant which was Eight dayes before this
Court whereupon the Said plantiff prayeth that the Said Defendant to his
Declaration this Court may answer according to an act of assembly in that