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Kent County Court Proceedings, 1676-1698
Volume 557, Page 940   View pdf image (33K)
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940

Court stood justly indebted unto the sd Sam.l in the full &
just sume of One pound tenn shillings and six pence of
sterling money of England p Acc.o the perticulers therof are
here in Court brought In consideration therof the said Jacob
Taylor upon himselfe Assumed and to the sd Samuel he faithfully
promised that he the sd Jacob the sd sume of 1.l 10.s 6.d
when therunto required would well and truely pay Yett
Neverthelesse the sd Jacob the said sume of 1.l 10.s 6.d according
to his promise and Assumption aforesd unto the sd Sam.l Tovey
he hath not pd alltho often required but the same to pay he
hath denied and refused to the damage of the said Sam.l
Tovey Three pounds and One shilling and therupon he
brings this suit   Macklin p q.r pledges &c.a John Doe Ri Roe

Jacob Taylor
      ads
Sam.l Tovey
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 plt ag.t him the sd Defd.t his Accon
aforesd he ought not to have and maintain for that he the sd
Defd.t by way of Protestacon saith that the sd Acc.o in the plts declar
mentioned was not demanded before action brought w.ch is
contrary to Law all which he the sd Defd.t is ready to Aver and
prayes Judgm.t &c.a   Earle p Defd.t

Sam.l Tovey
         ag.t
Jacob Taylor
Replication and the sd plt by Richard Macklin
his Att.ry saith that the Acc.o in the sd plts
declaracon menconed was demanded before he the sd plts purchaseing
of his Writt ag.t him the sd Defend.t and this he prayes
may be Enquired of by the Country   Macklin p q.r

And y.e sd Defd.t saith it was not demanded before action brought
                                                                                  Earle p Defd.t

But the Defend.t comes into court and confesseth Judgm.t and prayes
that Execucon may not Issue until the tenth day of October which
was granted

Therfore it is considered by this Court that the plt Sam.l
Tovey doe Recover from the Defd.t Jacob Taylor as well the
the aforesaid sume of One pound tenn shillings and six pence as
                                                                                     allsoe


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Kent County Court Proceedings, 1676-1698
Volume 557, Page 940   View pdf image (33K)
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