536 PRINCE GEORGES COUNTY
And the Said Thomas Hollyday and Joshua Cecell in their propper persons
comes and defends the force and Injury when etc. and Prayeth Lycence to im-
parle here untill the next court comeing and it is granted unto them the Same
day is given to the Plantiffe Likewise.
Att which Said day (to witt) the 22d day of August Annoque Domini 1699
came as well the Said Thomas Colliar by John Meryton his Attorney aforesaid
as the Said Thomas Hollyday and Joshua Cecell in their Propper Persons and
the Said John Meryton prayeth that the Defendants to the Plantiffs Declaration
aforesaid may answer.
And the Said Thomas Hollyday and Joshua Cecell in their Propper Persons
comes and defends the force and Injury when etc. and Saith nothing in barr
of the Action of the Said Thomas Colliar Plantiffe, by which the Said Thomas
Colliar remaineth against the Said Thomas Hollyday and Joshua Cecell De-
fendants thereof without defence.
Therefore it is Considered that the Said Thomas Colliar Plantiffe doe recover
against the aforesaid Thomas Hollyday and Joshua Cecell Administrators of
Richard Brightwell deceased as well the Sume of Sixteen Hundred and Sixteen
pounds of Tobacco his Debt aforesaid as allso the Sume of two Hundred and
twenty pounds of Tobacco for his Cost and Charges of Suite of the Said Thomas
Colliar of his Assent by the Court here adjudged out of the goods and Chatties
whereof Richard Brightwell att the time of his discease in the hands of the
Said Thomas Hollyday and Joshua Cecell to be administered if hee hath Soe
much thereof in his hands to be administered and the Said Thomas Hollyday
and Joshua Cecell in Mercy.
Thomas Collyar Plantiff: Brightwells administrators Defendant
Thomas Hollyday and Joshua Cecell of Prince Georges County Gentleman
otherwise called Thomas Hollyday and Joshua Cecell the administrators of all
Singular the goods and Creditts of Richard Brightwell Late of Callvert County
Deceased ware Sumoned to answer unto Thomas Colliar of the Same County of
a Plea that they render unto him the full Sume of Nine hundred and fifety
pounds of good Sound Leafe Tobacco in Caske which from him they unjustly
deteine.
And whereupon the Said Thomas Collier by John Meryton his Attorney
Compleines that whereas the Said Richard Brightwell Lately deceased in his
Life time Stood indebted unto the Said Thomas Colliar by his certaine bill or
wrighting Obligatory dated the 13th day of March 1694 [1695] and with the Seal
of him the Said Richard Sealed and now in Court produced whose Date is the
Day and year aforesaid did binde himselfe his heires Executors and assignes in
the full Sume of nine hundred and fifety pounds of good Sound Leafe Tobacco
in Caske to Conteine the Same it being for the Enterteineing him and his men
in Fetching Mr. Richard Smith to Prison Nottwithstanding which the Said
Richard Brightwell the Said Sume of 950 pounds of Tobacco in his Life time to
the Said Thomas Colliar did not Pay Nor the Said Thomas Hollyday Nor
Joshua Cecell Since his Death to whom the Letters of administration Since hath
been Committed although often demanded but the Said Sume of 950 pounds
of Tobacco to him the Said Thomas Colliar to pay they the Said Thomas and
Joshua hitherto hath denyed and as yet doth denye whereupon the Said Thomas
Colliar Saith he is Damnified and hath Loss to the Value of 1800 lbs. of Tobacco
and thereupon he brings his Suite.
Pledges to prosecute John Doe, Richard Roe. Meryton for the plantiff.
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