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Kent County Court Proceedings, 1676-1698
Volume 557, Page 785   View pdf image (33K)
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                                                                                        785

On which day came the said Defend.ts by W.m Hemsley their
Attorney and Appeared to said Accon and prayed therof to Imparle
until the next Court which was granted the same day is given to
the plt allsoe

And now here att this day viz the 25.th day of August Anno Dom
1697 came as well the said Plt by Richard Macklin his Attorney
as allsoe the said Defend.ts by W.m Hemsley their sd attorney and
the sd Accon standing for Tryal

Edward Sweatnam
        ag.t
Ex.rs of Coll Henry Coursey
 plt

dfd.ts
Kent fs  Elizabeth and Thomas Coursey
Ex.rs of the last Will and Testam.t of Coll
Henry Coursey late of Talbot County Deacd stands Attached to
Answer unto Edward Sweatnam of a plea of Trespasse upon the case

And whereupon the said Edward by Richard Macklin his Att.ry
complaineth that wheras the sd Coll Henry Coursey the 20.th day of
November Anno Dom 1691 in sd County within the Jurisdicon of this
Court stood justly indebted unto him the said Edward in the full and just
sume of Two Thowsand Eight hundred and Eighty poundes of good
sound M.rchantable Tobaccoe in cask by Accompt for Leavies Fees &
other goods sould and delivered to and for the use of him the said Henry
by him the said Edward the p.rticulers therof are here in Court brot
In consideracon wherof the said Henry upon himselfe assumed and
to the said Edward faithfully promised that he the said Henry the said
sume of 2880.ll of Tobaccoe unto the sd Edward would well and truely
pay when therunto required Yett Neverthelesse the sd Henry the said sume
of 2880.ll of Tobaccoe according to his promise and Assumption aforesd in
the life time of him the sd Henry unto the sd Edward he did not pay nor
the sd Eliz.a and Thomas Ex.rs as aforesaid in their capacities since the death
of him the said Henry nor Neither of them in their sd capacities the sd sume
of 2880.ll of Tobaccoe unto the said Edward they have not paid altho
often demanded but the same to pay they have denied and refused and
still doe deny and refuse to the damage of him the said Edward 5000.ll
of Tobaccoe and therupon he brings this suit
                                                    Macklin p q.r pledges &c.a  Jn.o Doe
                                                                                                Ri Roe
The Defend.ts Demur in Law Hemsley

The Plt saith the Declaracon is good Macklin which demurrer
being Argued the Court over Rule the said Demurrer

The Defend.ts then plead the Act of limitacon which is likewise by
this Court Over ruled and Judgm.t Awarded for sd sume of 2880.ll Tob


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 785   View pdf image (33K)
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