Volume 557, Page 787 View pdf image (33K) |
787 his seale as his Act and deed delivered and here in Court brote whose date is the day and Yeare aforsd did bind himselfe his Heires Exe.rs and said Coll Henry Coursey then liveing the said sume of Four hundred poundes of Tobaccoe quallified as aforesd convenient in Chester River aforesd att or upon the 16.th day of October next Ensueing the date of the said bill yett Nothwithstanding the sd James the sd sume of Four hundred poundes of Tobaccoe according to the Ten.r of the said bill unto the sd Eliz.a nor to the said Henry in his life time did not pay nor to the sd Eliz.a and Thomas in ther Capacities since the death of the sd Henry he hath not paid but the same to pay he hath denied and refused and still doth deny and refuse to the damage of the sd Testators Estate the sume of Eight hundred poundes of Tobaccoe and therupon they bring this suit and here in Court they bring their Letters Testamentary &c.a Coursey p q.r pledges Jn.o Doe Ri Roe
And the Defend.t for Demurrer saith that their is variance betweene the Plts declaracon and the obligacon for that the obligacon being made to Eliz.a Coursey ondly she had power by law to sue for the same in her owne private Capicity which being by this Court duely considered Judgm.t is given that the said demurrer is good in Law wherupon the said Defend.t moves this Court for a Non suit which is accordingly Granted Therfore it is considered by this Court that the Defend.t James Smith doe Recover from the said plts Elizabeth and Thomas Coursey in their Capacities the sume of Fifty poundes of Tobaccoe for their falce Clamor as allsoe the sume of One hundred Seaventy and Fower poundes of Tobaccoe cost of suit Simon Wilmer Clk Command was given to the sheerif of Kent County y.e 26.th day of March Anno Dom 1697 that he take Thomas Lewis otherwise &c.a if he should be found in his Bailiwick and him safe Keepe soe y.t he have his Body before his Maj.ties Justices att the Next Court to Answer unto Thomas King of a plea of Debt |
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Volume 557, Page 787 View pdf image (33K) |
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