556 PRINCE GEORGES COUNTY
Whereupon the Court haveing read and fully understood the alligations of
the parties on both Sides and the wittnesses on both Sides being fully heard by
the assent of the parties aforesaid etc.
Therefore it is Considered by the Court that the aforesaid James Moore Plan-
tiffe doe recover against the Said Thomas Taney Defendant as well the Sume of
two hundred twenty four pounds of Tobacco his Debt aforesaid as allso the
Sume of two hundred Eighty four pounds of Tobacco costs of Suite to the Said
Plantiffe of his assent by the Court here adjudged and the Said Thomas Taney
Defendant in mercy.
Edward Bottler Plantiff: Jonathan Willsons Executors Defendant
Kathrine Willson and Joshua Cecell Late of Prince Georges County Executors
of the Last will and testament of Jonathan Willson Deceased otherwise Called
Jonathan Willson of Prince Georges County was Sumoned to answer unto
Edward Boteler of a Plea that they render unto him the full and Just Sume of
on,e Thousand pounds of good Sound and every way well Conditioned Tobacco
in Caske to Conteine the Same which from him they unjustly deteine.
And whereupon the Said Edward by William Stone his Attorney Saith that
the Said Jonathan in his Life time that is to Say the 25th day of August in the
year of our Lord 1697 att Charles Towne within the Jurisdiction of this Court
by his Certaine bill obligatory which the Said Edward with the Scale of the
Said Jonathan Signed bringeth here into Court whose date is the Day and year
aforesaid acknowledged himselfe to be bound unto the Said Edward in the Full
and Just Sume of one Thousand pounds of good Sound and every way well
Conditioned Tobacco in Caske to Conteine the Same to be paid at or upon the
tenth day of October then next Ensueing the Date of the Said bill Convenient
in Either of the Said Countyes to which payment well and truely to be made
the Said Jonathan bound him Firmely by the Said bill Nevertheless the Said
Jonathan the Said Sume of one Thousand pounds of Tobacco in Caske in his
Life time Nor the Said Kathrine and Joshua Since his Death to whom Letters
Testamentary of the Esteat of the Said Jonathan ware in Due forme of Law
Committed the Same to the Said Edward hath not rendred or hath either of
them rendered although often required but hath hitherto denyed and the Said
Kathrine and Joshua doth Still denye to the Damage of the Said Edward of
Eighteen hundred pounds of Tobacco and thereof he bringeth this Suite etc.
William Stone John Doe, Richard Roe. pledges etc.
And the Defendants in their Propper Persons comes and Defends the force and
Injury when etc. and prayeth Lycence thereof to imparle here untill the next
Court and it is Granted unto him the Same time is given to the Plantif Likewise
etc.
Att which day to witt the 26th day of September annoque Domini 1699 heer
came as well the Said Edward Botteler by William Stone his attorney as the
Said Kathrine and Joshua Cecell in their Propper persons And the Said Edward
Boteler by his attorney aforesaid Prayeth that the Said Kathrine and Joshua to
his Declaration aforesaid may answer And the Said Kathrine and Joshua in
their propper Persons Comes and defends the force and Injury when etc. and
Saith that the Said Edward his Action aforesaid against them ought not to have
because that they Say that the Said Jonathan dyed indebted to Severall persons
by Judgements, which Said Judgements as yet remaines unsattisfyed being Debts
of a hyar nature then the Plantiffs and ought to be first Paid and Sattisfyed
(Viz.) before the Justices of the Provintiall Court of this Province Richard
|