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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 100   View pdf image
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                                    June    Court    1701                                          67
And now here at this Day vizt. 25. Day of June Annoq Domi. 1701 came as well
ye Said Plaintf. by Michael Earle his Attry as alsoe ye Said Defendt. by Richard
Macklin his Attry and ye Said Cause Standing for tryall ye plaintf. Decln vizt.
Kent County    Ss    James Williames alius dictus James Williames of Said County was Sumoned
in Maryland    to answer unto Thomas Bruff of Talbott County of A plea that he render unto

   him one young Mare between four & five yeares of age Sound winde & limbs

   which to him he oweth & from him he unjustly detaineth
And whereupon ye Said Thomas by Michael Earle his Attorney Saith that whereas the Said James on
ye 26 day of Augt. Annoq Domi. 1699 in Talbott County within ye jurisdiction of this Court by his
Certaine writing obligatory Sealed wth his Seale as his act & deed Deed delivered & here in Court
brought whose date is ye Same day & yeare did oblidge himslef his heires Exrs. Adrs. to
pay & deliver unto ye Said Thomas his heires Exrs. Adrs. of Assignes ye Said young Mare
quallified as Afsd. by ye first of of ye yeare Ensuing ye date of ye Same writing yet Notwith
:standing ye Said James ye Afsd. Mare According to ye tenr. of ye Same writing unto ye Sd Thomas
he hath not paid altho offten demanded but ye Same to pay or deliver he hath denyed &
refused & Still doth deny & refuse & unjustly detaine to ye damage of ye Said Thomas
Two young Mares quallified as Afsd. and thereupon he brings this Suite                 Jno Doe
                                                                            Earle pr qr. pledg &a.             Richd. Roe
James Williams    And ye Said James by Richard Macklin his Attry comes & defends ye force
ads.    & injury when &a.       And Demurs in Law to ye plaintiffs Decln. & ye
Thomas Bruff    Matter therein contained

1. Reason       The writt ought not to have been in ye debet & detinet but in ye Detinet onely

Natura Brevium fo. 26: 3       for if a Man lend a Man A horse to be

returned &a. or to pay 10lb. And doth not returne him it is in his election to

bring Dt. for ye 10lb. in ye Debet, or Debt for ye horse in ye Detinet Natura

Brevium fo 267: 8       Macklin pr Defendt. Demurer Joyned Earle pr q[r]
The which Demurrer being argued & by ye Court herd ye Said Demurrer was
overuled by ye Court & Judgemt. given for ye Plaintf. for ye Said Mare & Cost of Suit

Therefore it is Considered by ye Court here vizt. this 25 Day of June Annoq
Domi. 1701 that ye Said Plaintf. Thomas Bruff doe recover from ye Said Defendant
James Williames as well one young Mare of ye age of four or five yeares of age
Sound Winde & limbe as alsoe ye Sume of Two hundred Seaventy & Two pounds of Tobo
cost of Suite & ye Said James Williames in Mercy                 Jno Dowdall Clk

Comand was given to ye Sherf. of Kent County ye 13. Day of Febry Annoq Domi. 1700
that he Take Wm Hollinsworth of Said County planter if found in his bailiwick &
him Safe keep Soe that he have his bodie before his Majties at ye Next Court to be
held for Said County to Answer unto Danll. Pearie of Ceecill County of A plea of Trespass
upon ye case

At which next Court vizt. ye 25 Day of March annoq Domi. 1701 ye Day of ye
returne of Said Writt came Elias King high Sherf. of Said County & Made
returne there thus Endorsed vizt. Cepi Corpus       Elias King Sherf.



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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 100   View pdf image
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