Archives of Maryland, Volume 0730, Page 0138 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

                                              Novem^r.    Court    1701                                          87
The which cause being cont^d. from Court to Court untill this p^rsent Court
And now here at this Day viz^t. y^e 28. day of Novem^r. Annoq Domⁱ 1701 y^e Said cause
Standing for Tryall came as well y^e Said Defend^t. James Williames by his Said Att^ry
as alsoe y^e Said Plaint^f. by his Afs^d. Att^ry and y^e Said Cause Standing for Tryall as Afs^d.
y^e plaint^f. Declⁿ viz^t
Kent Ss    James Williames alius dictus James Williames of Kent County in y^e Province
                of Maryland planter was Sumoned to answer unto Elias King Ex^r of y^e last
                will & Testam^t. of Edward Sweatnam late of Kent County Gentⁿ Dec^d. who
                was Ex^r. of y^e last will & Testam^t. of Richard Sweatnam late of Talbott
                County Gentⁿ Dec^d. of A plea that he render him the full & just Sume of
                Two thousand three hundred Ninety & Six pounds of good Sound merchantable
                Leafe Tob^o. and Casque which from him he unjustly detianes
And whereupon y^e Said Elias King in his Afs^d. capacity by Richard Macklin his Att^ry Saith y^t
whereas y^e Said James Williames y^e 21^st. day of Sep^r. Anno Domⁱ. 1696 at Kent County w^th in y^e
jurisdiction of this Court by his Certaine bill or writing obligatory Sealed w^th. his Seale as
his act & deed delivered and here into Court brought whose date is the day & yeare Afs^d. Did
bind himselfe his heires Ex^rs and Ad^rs to pay or cause to be paid unto y^e Said Richard
Sweatnam his heires Ex^rs Ad^rs or Assignes the full & just Sume of Two thousand three
hundred Ninety & Six pounds of Tob^o. quallified as Afs^d. Convenient in y^e County Afs^d. at
or upon y^e Tenth day of Ap^ll Jan^ry next Ensuing y^e date of y^e Said bill or writing obligatory
yet notwithstanding y^e Said James Williames y^e Said Sume of 2396^lb Tob^o. unto y^e Said
Richard Sweatnam in his life time he hath not paid nor to y^e Said Edw^d. Sweatnam in his
Capacity Since y^e Death of y^e Said Richard he hath not paid the Same neither hath he paid y^e
Same unto y^e Said Elias in his Afs^d. Capacity Since y^e death of y^e Afs^d. Edw^d. Sweatnam
although thereunto Often required but y^e Same to pay he hath denied & refused & Still
doth unjustly detaine to y^e damage of y^e Said Testators Estate 4700^lb of like Tob^o. and
thereupon he brings this Suite and into Court he brings y^e letters Testamentary as
well of y^e Said Ricahrd Sweatnam as of y^e Said Edward Sweatnam whereby &^a
                                                             Macklin p^r q^r. pleadges &^a. Jn^o Doe
                                                                              R^d. Roe

The Ex^r. of y^e Ex^r. of	And y^e Said Defend^t. by Michael Earle his Att^ry comes & defends y^e force &
R^d. Sweatnam
a^st.	Injury when &^a. and craves oyer of y^e Att^rys power to Sue &^a.
James Williames	Earle p^r Defend^t.
	But y^e Said Defend^t. making noe other defence to Said Action

Judg^t. was given by y^e Court a^st. y^e Said Defend^t. for y^e Said Sume of 2396^lb Tob^o & Cost

Therefore it is Considered by y^e Court here viz^t. this 28 day of Novem^r. Annoq
Domⁱ. 1701 That y^e Said Plaint^f. Elias King in his Said Capacity doe recover
from y^e Said Defend^t. James Williames as well y^e Sume of Two thousand three hundred
Ninty & Six pounds of Tob^o. Debt as alsoe y^e Sume of three hundred Ninety & Two
pounds of Tob^o. cost of Suite & y^e Said James Williames in mercy ~~~ Jn^o Dowdall Clk

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Kent County Court, Proceedings, 1700-1701

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