54

M^r David Richardson Plt         Somerset County Ss //

Bryan Callahagan Dft }        Bryan Callahagan otherwise Called Bryan

~ ~ ~ ~ ~ ~                 Callagan late of Somerset County Planter was

Attached to answer unto David Richardson Minister of a plea that he render

unto him the just Sum of four hundred pounds of tob in Caske which to him he

Oweth & from him unjustly deteineth &ca.. – – – – – – –

And whereupon the sd David by Robert Pirrie his Attorney Saith that Whereas

the Said Bryan y^e 2^d day of December in y^e year of our Lord 1692 at Pocomoke

within the Jurisdiction of this Court by his certain Bill which the sd David

with the hand & Seal of the sd Bryan Signed bringeth here into Court the

date whereof is the day & year afd wherein he did acknowledge himself

to owe & Stand indebted unto him the sd David Richardson his Heirs Extors

&ca in the just Sum of four hundred pounds of Mertable tob w^th Caske to be

paid Conveniently in Pocomoke River upon demand to the w^ch payment

the sd Bryan bound him Self firmly by his sd Bill Neverthelesse the Said

Bryan the Said Sum of 400 pounds of tob as afd according to the tenour of the

Said Bill to the sd David he hath not paid nor any part thereof but hath hither

to refused & doth Still refuse & unjustly detein the Same although often

demanded to the damage of the sd David of 800 pounds of tob & thereupon

he brings his Sute &c.                                                   Jn^o Doe

                            Pirrie p^r Que^r Plegs p^rsec &ca.      Rich.Roe}

   Non est factum p^r Alexander p^r Dfend^t

The Plt not proving his Decl^a the Dfend^ts Atto^rney humbly Craved

a Non Sute which p^r Court was granted with Cost alias Executio //

John Polke. Plt —

Ephraim Wilson Defen^dt }     Somerset Ss

Ephraim Wilson of Somerset County Gen^t Attorney of George Parks Cooper

was attached to answer unto John Polke of the Same County Cooper of

an accon of the Case &ca — And whereupon the John p^r Sam Worthington

his Attorney Comes & Saith that whereas the sd George in the year of our

Lord 1692 at Minokin within the Jurisdiction of this Court became

Indebted unto the sd John in the Sum of two thousand pounds of

tobacco as p^r acco^t here in Court appears & the sd George being indebted

in manner as afd did upon himself assume & faithfuly promise that

the afd Sum of tobacco he would well & truely Content & pay wⁿ there

unto required Nevertheless the sd George the sd Sum of tobacco to the sd

John hath not paid but going out of this Province hath made the sd

Ephraim his Attorney & Several debts of the sd George the sd Ephraim

hath recd of whome the abovesd Sued for hath been demanded but the

Said Ephraim to pay the Same hath refused & doth still refuse to the

damage of the sd John of four thousand pounds of tobacco & thereupon

he brings this Sute &ca.                                                Jn^o Doe

                            Worthington p^r Que^r plegs &ca      Rich Roe}

And the Defend^t by Peter Dent his Attorney defends the force &ca and

Saith he is not indebted to the Defe^t & this he prayes may be enquired

of by the Court Dent

And the plt Sayes that as Attorney of the sd George the sd Ephraim is

indebted & puts himself upon the Court

                                                         Worthington //