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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 146   View pdf image
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                                                   Novemr.    Court    1701                                               100
Comand was given to ye Sherf. of Kent County ye 29 day of Novemr. Annoq Domi. 1700 alsoe
ye thirteenth day of Febry fowing that he Take Emanuel Cleave of Kent County
if found in his bailiwick & him Safe keepe Soe that he have his body before his Majties
Justices at ye next Court Ensuing for Said County to answer unto James Williames of
A plea of Trespass upon ye case
Att which nect Court vizt. ye 11th. day of Febry 1700 ye day of ye returne of ye first writt
according to Adjournemt. came Elias King high Sherf. of Said County and made returne
                                                                            Non Est    pr Elias King Sherf.
Likewise came ye Said Elias King Sherf. of Said County & made returne of Said Second
writt ye 25 day of March Annoq Domi. 1701 ye day of ye returne of Said Second writt vizt.
                                                                       Cepi corpus pr    Elias King Sherf.
On which Said day ye Said Defendt. by Michael Earle his Attry Appeares and prayes
thereof to Imparle untill ye next Court which was granted him
Same day was given ye
Plaintf. likewise ~ ~ ~ ~                                               Macklin pr qr

The which cause was contd. from Court to Court untill this prsent Court and now here at this day
vizt. ye 28 day of Novemr. Annoq Domi. 1701 came as well ye Said Defendt. by his Said
Attry as alsoe ye Afsd. plaintf. by Richard Macklin his Attry and ye Said cause Standing for Trya[ll]
The plaintf. Decln. ~~~    vizt. ~ ~ ~
Kent SS    Emanuel Cleave of Kent County Stands Attached to answer unto James Williames of
                A plea of Trespass upon ye Case
And whereupon ye Said James by Richard Macklin his Attry Saies that whereas ye 29 day of
Aprill Anno Domi. 1700 in Kent County within ye jurisdiction of this Court a certaine comuni
:cation was had & Moved between ye Said Emanuel Cleave and a Certaine Richard Gill of [&]
concerning ye Sale of A Certaine Mare and upon ye Comunication Soe as Afsd. Moved & had
between ye Said Emanuel Cleave & ye Said Richard Gill It was then & there conclud[ed]
upon by & between ye Said Emanuel Cleave and the Said Richard Gill that in consideracon
that the Said Emanuel Cleave would well & faithfully pay unto ye Said James ye Sume of
foure hundred pounds of Tobo. when thereunto Afterwards required that then he ye Said
Richard Gill would Sell & Deliver unto him ye Said Emanuel Cleave a certaine mare
pertaining and belonging to ye Said Richard Gill and ye Said James in fact Saith that ye
Said Richard Gill trusting to ye faire promise of ye Said Emanuel Cleave for ye paymt.
of ye Said 400lb Tobo unto ye Said James, he ye Said Richard Gill did Sell and deliver unto ye
Said Emanuel Cleave ye Afsd. Mare and ye Said further in fact Saith that he trusting to ye
faire promise and Assumption of ye Afsd. Emanuel Cleave he did Exonerate and acquitt the Said
Richard Gill from ye Said Sume of 400lb of Tobo. due from ye Said Richard to him ye Said
James and did Take and accept ye Said Emanuel Cleave for paymt. of ye Same 400lb of
Tobo. In consideracon whereof ye Said Emanuel Cleave upon himselfe Assumed and unto ye
Said James then & there faithfaithfully promised that he ye Said Emanuel Cleave ye Said
Sume of 400lb. of Tobo unto ye Said James when thereunto Afterwards required would well & truly
content & pay yet nevertheless ye Said Emanll his promise & Assumption Afsd. little regarding but
plotting contriveing & fraudulently designing him ye Said James in that behalfe craftily & Subtilly
to deceive & defraud ye Said Sume of four hundred pounds of Tobo. unto ye Said James
according to his Afsd. promise and Assumption he hath not paid although often demanded but
ye Same to pay hath denyed and refused and Still doth deny & refuse & unjustly detaine to ye
damage of ye Said James 800lb of Tobo. and thereupon he brings this Suit                 Jno Doe
                                                                                                 Macklin pr qr. pleadg Richd R[oe]



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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 146   View pdf image
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