568 PRINCE GEORGES COUNTY

Goods Chatties and Creditts of Thomas Barker Deceased of a plea of tresspass
upon the Case etc.

And whereupon the Said Jacob administrator as aforesaid by William Stone his
Attorney Compleineth that whereas the Said Charles Treacy in his Life time that
is to Say the 9th day of December in the year of our Lord 1697 att Charles Towne
within the Jurisdiction of this Court was indebted unto the Said Thomas Barker
in his Life time in the Sume of three thousand Sixty and three pounds of Tobacco
as by a Certaine noate under the hand of the Said Charles Treacy Subscribed with
the propper hand wrighting of the Said Charles Treacy here ready in Court to be
produced more att Large may appear, and the Said Charles Treacy in his and
the Said Charles Treacy in his Life time to the Said Thomas Barker in his Life
time being Soe indebted as aforesaid inconsideration thereof did assume upon
himselfe and to the Said Thomas Barker in his Life time then and there Faith-
fully promise that he the Said Charles Treacy the Said Sume of three Thousand
Sixty and three pounds of Tobacco to the Said Thomas Barker when he Should
be thereunto requested would well and truely content and pay Nevertheless the
Said Charles Treacy in his Life time nor the Said David Small Since the Death
of the Said Charles Treacy to whom administration of all and Singular the Goods
Chatties and Credditts of the Said Charles Treacy after his Death ware in due forme
of Law Committed his promise and assumption aforesaid not att all regarding but
mindeing and fraudulently intending him the Said Thomas Barker in his Life
time and the Said Jacob Since the Death of the Said Thomas Barker to whom
administration of all and Singular the Goods Chatties and Creditts of the Said
Thomas Barker after his Death ware in Due forme of Law Committed in this
behalfe Craftily and Subtilly to deceive and defraud the Said Sume of three
Thousand Sixty three pounds of Tobacco to the Said Thomas Barker in his Life
time or to the Said Jacob Mooreland administrator as aforesaid Since his Death
hath not Paid allthough the Said Charles Treacy in his Life time afterwards the
Day and place aforesaid to doe the Same by the Said Thomas Barker in his Life
time and the Said David administrator as aforesaid Since the Death of the Said
Charles that is to Say the 16th day of December 1698 to doe the Same by the Said
Jacob Since the Death of the Said Thomas Barker hath been often thereunto
requested but hath hitherto refused and the Said David doth Still refuse to the
Damage of the Said Jacob of 4000 lbs. of Tobacco and thereof he bringeth his
Suite etc.

William Stone. John Doe, Richard Roe. pledges.

And the Said Jacob bringeth here into Court the Letters of administration of
the Esteate of the Said Thomas Barker by whom etc.

And the Said David Small administrator of the Said Charles Treacy by Joshua
Cecell his attorney cometh and defendeth the force and Injury when etc. and
prayeth Lycence to imparle here untill the next Court comeing and it is Granted
unto him the Same time is given the Plantife Likewise.

Att which day (to witt) the 26th day of September annoque Domini 1699 here
came as well the Said Jacob Mooreland plantiffe as the Said David Small Defend-
ant by their Attorneys aforesaid and the Said Jacob Mooreland by William Stone
his Attorney prays that the Said David Small to his Declaration aforesaid may
answer.

And the Said David Small by Joshua Cecell his attorney cometh and defendeth
the Force and Injury when etc. and Saith that he the Said Jacob Mooreland his
Action aforesaid against him ought not to have because he Saith that he hath
Fully administred all the goods and Chatties which ware of the Said Charles