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Kent County Court Proceedings, 1676-1698
Volume 557, Page 678   View pdf image (33K)
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678

The aforesd William Webb in his life time Neither Peter
Allaby as Adm in his capacity alltho often demanded
the aforesd four hundred pds of Tobaccoe to the same
Thomas Hix he hath not ^as yett^ Rendred but the same hitherto
hath denied to pay and as Yett denieth wherupon he saith
he is damnified and hath damage to the value of Eight
hundred pds of Tobaccoe and therupon he brings his
Accon &c.a                                        John Doe    pledg
                                Jones p q.r          Rich Roe

And the Defend.t by William Hemsley Demurs to the
Declaracon and saith that an Adm cannot be said to owe
for he is accomptable for no more then comes to his hands
&c.a which demurrer being argued the Court give Judgm.t
that the Demurrer is good in Law

Therfore it is considered by this Court that the Defend.t
Peter Alaby doe Recover as well the sume of Fifty pounds
of Tobaccoe for a Non suit as allsoe the sume of

                                                        Simon Wilmer Clk

Renatus Smith
       ag.t
Samuel Withers
 plt

defd.t
Rend.r 4000.ll Tob bill filed
viz

Kent fs  Be it Remembred that Renatus Smith by
W.m Hemsley comes into Court the 27.th day of October
in the Eighth Yeare of his Maj.ties Reigne Annoq Dom
1696 and Exhibits to his Maj.ties Justices now in Court
Judicially sitting his certain bill or script against
Samuel Withers otherwise called Samuel Withers late of
Talbot County Gent one of the Attornies of this Court here
present in Court in his proper person of a plea that he
render him the full and just sume of Four Thowsand
poundes of good sound M.rchtable leaf Tobaccoe in cask
which to him he Oweth and from him he unjustly deteineth
And wherupon the sd Renatus by W.m Hemsley his Attorney
saith that whereas the sd Samuel the 15.th day of April
                                                                            Anno


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 678   View pdf image (33K)
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