OCTOBER, 1699 COURT 557

Marsham and Ann his Wife administratrix of the goods and Chatties of Henry
Brent Deceased the 15th day of October Annoque Domini 1696 recovered a
Judgement against the Said Jonathan for the Sume of 8740 lbs. of Tobacco
and £17: 11: 6d: Sterling Debt and 691 lbs. of Tobacco Cost of Suite etc. before
the Justices of the Provintiall Court of this province the 15th day of Aprill
Annoque Domini 1698 one Edward Anthill recovered a Judgement against the
Said Jonathan for the Sume of £ 29: 03: 00 Sterling and lbs. Tobacco Cost
of Suite etc. before the Justices of Charles County Court the 9th day of March
Annoque Domini 1696 [1697] James Kingsberry recovered a Judgement against
the said Jonathan for the Sume of 1340 lbs. of Tobacco Debt and 349 lbs. of
Tobacco Cost of Suite etc. as by a Coppy of the Said records here in Court
produced Relation being thereunto had may more at Large appear besides
which Said three Judgements the Said Defendants Saith that they have not
assetts in their hands belonging to the Said Jonathans Esteate to pay the
Plantiffs Debt Sued for and this they are ready to aver therefore demanes Judge-
ment if the Said Edward his action aforesaid ought to have etc.

Joshua Cecell in Propria persona.

[472] And the Said Plantiffe by his Attorney aforesaid Saith that he ought
not to be barrd of his Action aforesaid by the Plea aforesaid because he Saith
that Suposeing it to be true as is alleadged in the Defendants Plea aforesaid
that is to Say that there is Debts due from the Esteate of the Said Jonathan
Willson Deceased of a Higher nature then the Said Edwards mentioned in the
Declaration yet by protestation he Saith that there is a Considerable List of
Debts Due to the Esteat of the Said Jonathan Willson Deceased from Severall
persons which will be assetts in the hands of the Said Executors when received
beyond the Said Debts of a higher nature now mentioned in the Plea aforesaid
therefore the Plantife prays Judgment against the Said Executors to be paid out
of the Debts aforesaid when the Same Shall be received etc. and of this he prayes
Judgement. William Stone.

And the Said Kathrine and Joshua as formarly Saith that the Said Edward
Boteler his action against them the Said Kathrine and Joshua ought not to have
for the Debt in the Plantiffs Declaration mentioned because the Said Defendants
Saith as in their Plea aforesaid that there is Several Debts Due from the Said
Deceaseds Esteate of a hyar nature then the Plantifs Debt Sued for and that
they ought to be first paid and Sattisyfed out of the Deceaseds Esteate besides
which Debts they have not assetts in their hands to Pay the Plantiffs Debts Sued
for and that they ought not to be Charged with any assetts upon any List of
Debts due to the Said Deceaseds Esteate untill the Said Debts are by the Said
Executors Received the which they are ready to aver and of this they putts
themselves upon the Court by Consent. Joshua Cecell.

And the Plantife allso. William Stone.

The Pleadeings of Both Parties by the Court being read Seen and fully under-
stood it is Considered that the aforesaid Edward Botteler Plantife doe recover
against the aforesaid Kathrine Willson and Joshua Cecell Executors of the Said
Jonathan Willson deceased as well the Sume of one Thousand pounds of
Tobacco his Debt aforesaid as allso the Sume of two hundred Eighty Eight
pounds of Tobacco for his Cost and Charges of Suite to the Said Edward
Botteler Plantiffe of his assent by the Court here adjudged out of the Goods
and Chatties whereof Jonathan Willson at the time of his death in the hands
of the Said Kathrine Willson and Joshua Cecell to be administered if they have