36

The sd John bound him Self firmly by the sd Bill Nevertheless the

Said John in his lifetime nor the sd Perthenia after y^e death of the

Said John , while she was Sole & unmarried , nor y^e sd Hen & Perthenia

Since the marriage between them had & Solemnized nor any of them y^e

Same to y^e sd Richard hath not paid but hath hitherto refused & doth

Still refuse to the damage of the sd Richard of 4000 pounds of tob.

& thereof he brings this Sute &ca.                               Jn^o Doe

                   Dent p^r Que^r Plegs &ca.              Rich Roe}

And the Dfend^ts by Sam^ll Alexander their Attorney Saith that they

have no Assets but have fully Administred & of this they put them

Selves upon y^e Court . Sam^ll: Alexander p^r Dft.

And the Plaintiffe for Replycation Saith that they have not fully Admin^rd

for that they have not given a full acco^t Creditts of y^e deceased

& hath also paid debts of a lower nature that y^e debt in y^e Declaracon

(viz) accounts , this being a debt under hand & Seal Dent

        The p^rmisses being Considered by the Court, are of opinion y^t

        accon brought Came too late & thereupon Orders a Non

        Sute with Cost alias Executio . // - - - - - - - -

John Lokey Plt              Henry Smith of this County Planter

Hen. Smith Planter dft} was attached to answer unto John

~ ~ ~ ~ ~ ~    Lokey & Urssilla his Wife of a plea

of trespass on the Case &ca. And whereupon the John & Urssilla by

Sam Worthington their Attorney Comes & Saith that on or about y^e 2^d

day of ffebry an^o Domⁱ 1692/3 at Monokin within the Jurisdiction of

this Court the sd Henry became indebted unto the sd Urssilla in the

just Sum of one thousand pounds of tobacco for one Mare Sold &delivered

by the sd Urssilla unto the afd Henry .Now the afd Henry being indebted

in manner & form as afd did upon himself assume & faithfully promise

that the Said Sum of one thousand pounds of tobacco he would well and

truely Content pay & Satisfy when thereunto required. Nevertheless the

Said Henry the Said Sum of tobacco to the sd John or Urssilla hath not pd

but hath hitherto & still doth refuse to pay to the great loss & damage

of the sd John & Urssilla of two thousand pounds of tobacco & thereupon

they bring this Sute &ca.                                              Jn^o Doe

                   Worthington p^r Que^r Plegs &ca.              Rich Roe}

And the Defend^t by Robert Pirrie defends the force & injury & Saith that he did

[not] assume in manner & forme & of this he puts himself upon y^e Court

                                           Pirrie p^r dft

And the plt Saith he did assume y^e debt & puts himSelf upon y^e Court Worthington [p^r plt]

                            Henry Smith D^r                                                             to tobacco

ffebry 2^e To one Mare — — — — —                                1000=

1692/3    Errors Excepted p^r me Urssilla Lokey

The totall proceedings being maturely Considered by y^e Wor^ll Court having

given judgm^t agt y^e Dft for eight hundred pounds of tobacco w^th Cost &ca.