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Would well and truely Content, Nevertheless the Said Robert his p^rmise

& assumption aforesd not regarding but minding & fraudulently

intending him the sd James in this behalf Craftily & Subtily to deceive

& defraud the sd Sum of 1743 Pounds of tobacco to the sd James hath

been requested , but the Same hath refused & doth Still refuse to y^e damage

of the Said James of 3000 Pounds of tobacco & thereof he brings his

Sute &ca. //          Dent p^r Que^r Pleg &a.                             Jn^o Doe

                                                                                      Rich Roe }

And the Dft by Sam Worthington his Attorney Comes & Saith that the

Plt is indebted to the Dfend^t a Debt of greater Sum then that he

is Sued for and of this he puts himSelf upon the Court.

                                                         Worthington

And the plt puts himSelf on the Court also. // Dent ///

The plt & Dfend^t having produced their accompts the ballance

appearing due to the Dft 396½ pounds of tobacco, which being

Considered both acco^ts being proved, this Court orders a Non Sute

agt the plt with Cost alias Executio //

Edward Day Plt          Somerset County Ss.

Thomas Cox.Dft}        Thomas Cox of this County Carpenter

~ ~ ~ ~ ~ ~           was attached to answer unto Edward Day

                                           Adm^r of Jane Walker who was Extrix

to Cap^t Thomas Walker decd in an accon of the Case &ca And where

upon the sd Edward p^r Sam Worthington his Attorney Complains that

whereas the said Thomas Cox, the sixth day of May in y^e year of our

Lord 1679 within the Jurisdiction of this Court was indebted unto

the Said Cap^t Thomas Walker in his life time in the Sum of four

thousand four hundred ninety & nine pounds of Porke being for

Severall goods & Merchandizes p^r him the sd Thomas in his lifetime

to the sd Thomas Cox Sold & delivered as p^r acco^t hereunto anexed doth

appear, and the sd Tho Cox to the aforesd Tho Walker in manner & form

afd being indebted did upon himSelf faithfully promise & assume

to the sd Walker in his life time that the Sum of Porke he would well

& truely content & pay, Nevertheless the sd Thomas the sd Sum of Porke

to the sd Walker in his lifetime, nor in the liftime of the sd Jane hath

not paid nor Since y^e death of the sd Jane unto the aforesd Edw^d Day

nor any of them hath not paid y^e sd Porke to the great damage of the

Edward Day of Eight thousand nine hundred ninety eight pounds

of Porke, and thereupon he brings this Sute &ca          Jn^o Doe

                            Worthington p^r Que^r Pleg &a.         Rich Roe}

     Non assumpsit in manner & form p^r Curia = Dent

     And the plt Saith that the df is indebted as p^r the book of y^e decd

     appears p^r Curia Worthington

        The totall Proceeding being Considered, The Plt not having

        brought his accompt regularly, thereupon y^e Court Orders

        a Non Sute agt the Plt with Cost alias Executio //

              vide acco^t filed in y^e proceedings //