| Volume 407, Page 85 View pdf image (33K) |
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( 85 ) from John ffreeman in which house the Said ffreeman left one hogshead of Tobacco in Care & Charge of the sd Berry which Said hhd the said Berry took in his Custody, now the Said Ellis in fact Saith that whereas the Said hhd being made use of Conveyed away or through the negligence of the Said Berry was lost Now the Said Ellis was prosecuted in their Maties Sute at a Court held for this County of Somerset in June in the year of or Lord 1693. And thereof was Convicted through the default of the Said Berry . Whereupon the Said Ellis Saith that he is damnified to the value of fifty pounds Sterling & thereupon he bringeth this Sute &ca. Pirrie pr Quere. Pledges prsor &ca, Jno. Doe Rich Roe Berry and the Said Oliver by Peter Dent his Attorney Comes & defends the force & injury wth &ca And Saith that agt the Said Ellis his accon afd agt him ought not to have, for that the sd hhd of Tobacco was never in the Care Coleman or Custody of the Said Oliver but was by the Said Ellis disposed of & Satisfaction for the Same did accept & receive And of this he puts himself on the Country. Dent pr defendt
And the plt Saith his acco he ought to have & desires that this may be enquired into by the Country Pirrie
Whereupon Comand was given to the Sheriff of sd County to bring here twelve good & Lawfull men of his Balywick that the matter in hand might be the better understood, A List or pannel whereof are thus returned (viz) Wm. Bozman Thomas: Walston. John Jones. James Curtis. John: Browne Sam. Long Edward. Green Chris. Snosswell James Hill. Natt. Horsey. Geo: Lane Arch: Smith 12. Which forsd Jury having heard the foresd Decln & Evidences examined upon their Oaths Receives their Charge & are Sent forth and this day to witt the day aforesd the sd Jurors returns to the Barr in Court each man being Calld prticularly by his Name & being Demanded are all unanimously agreed of their verdt. the plt & dft likewise calld. The verdict is read as followeth Wee of the Jury doe find for the Dft. // pr me Wm: Boseman mr P. Dent assumed in Court to pay Cks Cost Which verdt the Court Confirms & Orders to Enter the Same. } for Said Oliver Berry.
Upon Petion of Capt. Jno. King agt ye Admrx of Jno. Pool decd for four hundred & Seaven pounds of Porke, the declaracon being prsent did Confess judgmt for ye Same Ordr. granted pr Court &ca. wth Cost &ca
George Layfield Plt. Decl. being read & the following Bond produced (viz) Contra. } Maryland // Peter Watson. Defnt Know all men by these prsents that wee Peter Watson of Someret County Planter ~ ~ ~ ~ ~ ~ ~ & John: Woodward of the Same County are holden & firmly bound unto Wm: Stevens of Somerset County Mercht in the full & just quantity of Eight hundred pounds of good Sound Mertable leaf tobacco in Caske to contain the Same to be paid unto the Said Wm Stevens of Rehobeth his Heirs Extors Admrs or Assigns Convenient at Some place appointed in Pocomoke, to the which payment well & truely to be made we bind our Selves Joyntly and Severally Heirs Extors & Admrs. firmly by these prsents. In Wittness whereof wee have here unto Sett our hand & Seal this [11th] day of April anno Dom. 1687 . The Condicon of the above Obligation is Such that if the above bound Peter Watson or John: Woodward Shall well & truly pay or Cause to be paid unto the abovesd Wm: Stevens his Heirs Extors Admrs or Assigns the just quantity four hundred pounds of good Sound Merchantable leaf tobacco in Caske to Containe the same ye 10th.. day of October next Then this prsent obligation to be void & of no effect, otherwise to Stand remain & be, in full force power & vertue. Peter Watson ❂ Sealed Sealed & delivered in the prsence of us Jno. O Woodward ❂ Sealed Thomas Kall T his marke his marke [ ] Smith
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| Volume 407, Page 85 View pdf image (33K) |
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