574 PRINCE GEORGES COUNTY

Force and Injury when etc. And alleadged that he has paid Part of the Said
Debt for proofe of which he produced a note or order to pay William Jones or
order the Sume of Nine hundred pounds of Tobacco Which Said Note or order
was paid as by Receipt appears but as for the two thousand one hundred pounds
of Tobacco remainder of the abovesaid Noate accepted he Cannot Gainesay nor
but the hand wrighting is his Deed as the Plantife above against him hath
declared.

Therefore it is Considered that the abovesaid Thomas Taney Plantiffe doe
recover against the Said David Small the Sume of two Thousand one hundred
pounds of Tobacco the remainder part of the above Said Noat his Debt for
Damages aforesaid as allso the Sume of four hundred forty and four pounds of
Tobacco To the Plantiff of his Assent for his Cost and Charges of Suite by the
Court here adjudged and the Said David Small Defendant in mercy.

Jonathan Motterstead Plantiff: William Dent Defendant

William Dent Late of Prince Georges County Planter was atteached to answer
unto Jonathan Motterstead of a Plea of Tresspass upon the Case.

And whereupon the Said Jonathan by William Stone his Attorney Com-
plaineth that whereas the Said William the 18th Day of September in the year
of our Lord 1697 at Charles Towne within the Jurisdiction of this Court was
Indebted unto the Said Jonathan in the Sume of five hundred pounds of
Tobacco being for Severall Deer Skinns by the Said Jonathan to the Said
William Sold and Delivered as by a Perticular account thereof here ready in
Court to be produced more att Large may appear and the Said William being
Soe indebted as aforesaid in Consideration thereof did assume upon himselfe to
the Said Jonathan then and there faithfully promise that he the Said William
the Said Sume of 500 lbs. of Tobacco to the Said Jonathan when he Should be
thereunto requested would well and truely content and Pay Nevertheless the
Said William his promise and assumption aforesaid not at all regarding but
mindeing and fraudulently Intending him the Said Jonathan in this behalfe
Craftily and Subtilly to deceive and Defraud the Said Sume of 500 lbs. of
Tobacco [485] to the Said Jonathan hath not Paid although the Said William
to doe the Same by the Said Jonathan afterwards the Day and place aforesaid
was often thereunto requested but hath hitherto refused and Still doth refuse
to the Damage of the Said Jonathan of 1000 lbs. of Tobacco and thereof he
bringeth his Suite etc.

William Stone. John Doe, Richard Roe. pledges etc.

Sept. the 18th William Dent Debtor to Jonathan Mottersted 1697.

Tobacco
To 4 Buck Skinns and 3 doe Skins att .................................... 500

And the Said William Dent by Joshua Cecell his Attorney comes and Defends
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 to the
Plantiff Likewise.

And now here at this Day (to witt) the 26th day of September Annoque
Domini 1699 came here as well the Said Jonathan Motterstead as the Said
William Dent by their attorneyes aforesaid and the Said Jonathan by William
Stone his attorney aforesaid prayeth that the Said William Dent to his Declara-
tion aforesaid may answer. And the Said William Dent by his attorney aforesaid
comes and defends the force and Injury when etc. and Saith that he did not