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Kent County Court Proceedings, 1676-1698
Volume 557, Page 818   View pdf image (33K)
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818

3.d Reas  For that by reason of the manifest uncertainties and insufficiencies
                in the Plts declar the Defd.t could not put
                in a certain plea and therfore prayes Judgm.t &c.a

Which Reasons being Argued and by the Court considered y.e
said Demurrer and Reasons therunto are by this Court Overruled

Sarah Daniel &
Jn.o Toaes
      ag.t
Hugh Marsh


And the sd Defend.t by Michael Earle his
Att.ry comes and defends the Force and injury
when &c.a and for Plea saith that the sd Plts their Accon aforsd
ag.t the sd Defend.t they ought not to have and maintaine for
that the Deft by protestacon saith that att the time of the sd
Plts purchaseing his Maj.ties Writt ag.t the sd Deft he the sd Deft
was not indebted to the sd Plts the sume of Tenn Thowsand
poundes of Tobaccoe as in the sd Plts declaracon sett forth
and of this he putteth himselfe upon the Country Earle p Deft

And Plt allsoe Hemsley

Command was therfore given to the sheerif of Kent County
that he cause Twelve good and Lawfull men of his Bailiwick
to come before this Court to Try the Issue Joyned as above w.ch
Jury are viz

Sam.l Wallis
Jn.o Nicholson
Robert White
Jn.o Robinson
Elias Robinson
William Sigley
Robert Ingram
James Conneway
Thomas Head
John Hunter
Richard Maston
Peter Peterson


Jurors

Which Jury being duely sworne to Try Issue Joyned and haveing
the whole matter openned as well on behalfe of the Plts as the defd.t
the Court giveth them their Charge who withdraw to consider
on the promises and after some time doe Returne who being
called over againe as allsoe the Plts and Defend.t the Jury
doe Returne that they find for the Plts and soe they said all

But the sd Defend.t by his sd Attorney moves this Court in Arrest
of Judgm.t and prayes until next Court for fileing his Reasons
which is accordingly granted
                                                                        S Wilmer Clk


 
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Kent County Court Proceedings, 1676-1698
Volume 557, Page 818   View pdf image (33K)
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