( 201 )
Whereupon Came the foresd Archibald Smith, with his two Securities Thomas Smith & Jn^o
Browne And the Said Archibald did acknowledg him Self to owe & be indebted unto John
Trubshaw Sonn of John:Trubshaw deceased the Sum of fifty pound Sterling money of
England & his Securities. Smith & Browne the Sum of twenty five pounds a piece like
money due to be leavied on their goods & Chattels lands & tennements for the sd Orphants use
 
  The Condicon of which Recognizance is Such that if the above bound Archibald Smith
 (doe) make no waste Sale or destruction of the Plantation lately belonging to Jn^o. Trubshaw
deceased but to leave the same tenantable allwayes keeing it in repair, and to plant two hundred
Aple trees at usual distance fifty Quince trees & fifty peach trees in tenn years time after
the date hereof, as also keep them well fenced & trimed. then the Recognizance to be void and
of none effect Otherwayes to be & remaine in full power force & vertue .______________
 
   Alexander: Killoch. Plt.                             Somerset Ss //
     Contra.                                           }          Wm. Keens of this County was attached to answer
Wm: Keens. Junior Dft.                               unto Alexander Killoch in an accon of y^e Case
~   ~   ~     ~    ~    ~   ~    ~                              And whereupon the plt by Samuel:Alexander
his Attorney Saith that he the Said Plt in the year
Of our Lord 1687. did leave in a Tobacco house belonging to the defend^t. 45 bushels of
Sheld Indian Corne, to & for the use and gave Order to the defend^t.to Sell the Said Indian
Corne to & for the use of him the Said plt. which the defend^t did take upon him Self to doe and
faithfully promised to give a just & true accompt to the plt of the Said Corne but he the defend^t.
hath Converted to his own use the Said Corn, whereupon the plt demanded Satisfaction of the dft
for the Said Corn, but the defend^t. Cuningly deceitfully & fraudulently intending the plt to
deceive & defraud hath refused payment & Still doth refuse although often thereunto /
required, whereupon the plt Saith he is damnified & hath losse to the value of 2000^lb of tobacco
& hereupon brings this Sute.     Alexander p^r Que^r. pled p^rsois//       {Jn^o. Doe
     Rich:Roe }
Not guilty in manner & form & puts himself upon the Country.      Dent p^r  Defendant
      And the plaintiffe also Sam^ll. Alexander
June the 13^th day 1692//  Somerset County.       These as followeth Wittneseth that I
Wm.Keen Sen^r. doth declare that the Corn which Sanders: Calah. Sueth my Son for was
damnified & lost (through) the default of the Said Sanders himSelf, for I gave him
timely warning but he answered (           ) a profane manner & Sait if it rott
Lett it (rott) & the (devil) rott with it then (after) a short time it was rotted & Consumed
with ( worms) (Moreover) I did (not) all-            to make any agreement with any man