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June Court 1701 68 Six hundred pounds of good Sound Merchable bright Tobo. in Casque which from him She Unjustly Detaines And whereupon ye Said James Wroth by Richard Macklin his Attorney Saith that whereas ye Said Robert Devnish ye 29. Day of Octor. Anno Domi. 1698 at Kent County within ye jurisdiction of this Court by his certaine bond or writing obry Sealed with his Seale as his Acto & deed Delivered and here in Court brought whose date is ye Day & yeare Afsd. did become holden & firmly bound unto ye Sd. James Wroth in ye Said Sume of five Thousand Six hundred pounds of Tobo qualli :fied as Afsd. to be paid to ye Said James Wroth his Exrs. Adrs or Assignes To ye which paymt. well & truly to be Made he did bind himselfe his heires Exrs. Adrs. firmly by ye Said bond or writing obry Yet Notwithstanding ye Said Robert Devnish in his lifetime ye Said Sume of 5600 Tobo. unto ye Said James Wroth According to ye Tenr. of ye Same bond altho Offten Demanded he hath not paid neither hath ye Said Anne in her Said Capacity Since ye death of ye Said Robert altho offten thereunto required paid ye Same but ye Same to pay She hath denyed and refused & Still doth deny & refuse & Unjustly detaine to ye damage of ye Said James Wroth Eleven Thousand pounds of like Tobo. & thereupon he brings this Suite Macklin pr qr. pledg Jno Doe Rd. Roe And ye Said Anne Devnish in her Afsd. Capacity by her Attry Comes & defends ye force & injury when &a. & prayes oyer of ye within Menconed obligacon and it is read unto her She alsoe prayes Oyer of ye Condition of ye within Menconed obligacon and it is Read unto her in these words following vizt. The Condicon of ye above Obligacon is Such that if ye above bounded Robert Devnish his heires Exrs. or Adrs doe pay or Cause to be well & Truly paid unto ye Above Said James Wroth his heires Exrs. Adrs or Assignes ye full & just Sume of Two thousand pounds of Tobo. one third at or before ye Tenth Day of Novemr. next ensuing ye Date hereof that then ye above obligacon Shall be voyd and of none Effect else to remaine in full force power & virtue But ye Said Plaintf. by Richard Macklin his Attry considering ye imper :fections & insuffitiencies in ye Said Decln. & ye Matter therein Contained voluntary gives ye Said Defendants A Non Suite Therefore it is Considered by ye Court here vizt. ye 25. Day of June Annoq Domi. 1701 That ye Said Defendants as to this Action Soe as Afsd. brought goe thereof without day and it is further Considered that ye Said Defendts. doe recover from ye Said Plaintf. in theire Said Capacities as well ye Sume of fifty pounds of Tobo for A Non Suite According to Act of Assembly &a. as alsoe ye Sume of one hundred eighty & eight pounds of Tobo. cost of Suite in that case laid out & expended and ye Said James Wroth in Mercy Jno Dowdall Clk |
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Kent County Court, Proceedings, 1700-1701
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