Archives of Maryland, Volume 0730, Page 0147 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

[101] Novem^r. Court 1701

James Williames	And y^e Said Defend^t. by Michael Earle his Att^ry comes & defends y^e
a^st	force & injury when &^a. and for plea Saith that he did not Assume
Emanuel Cleave	and of this he putts himselfe upon y^e Country ~ ~ Earle p^r Defend^t.
~~~~~~~~~~~~~~~	And y^e plaint^f. in like Manner ~~~ Macklin p^r q^r

But y^e Plaint^f. not being able to mentaine his Action nevertheless of y^e Issue before
Joyned not having Suffitient Evidence to prove y^e Matter Suffereth A Nonsuite

Therefore it is Considered by y^e Court here viz^t. this 28. day of Novem^r Annoq Domⁱ. 1701
that y^e Said Defend^t. Emanuel Cleave as to y^e Said Action goe thereof without Day and
it is further considered that y^e Said Defend^t. doe recover from y^e Said Plaint^f. James
Williames as well y^e Sume of fifty pounds of Tob^o. for A Nonsuite According to Act of
Assembly in that case made & provided as Alsoe y^e Sume of Two hundred and Two
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ pounds of Tob^o. cost of Suite and y^e Said Plaint^f. in
mercy ~ ~ ~ ~                                                    Jn^o Dowdall Clk
~~~~~~~~~~~~~~~
Comand was given to y^e Sher^f. of Kent County y^e 13. day of Feb^ry Anno Domⁱ. 1700 that by good
and Lawfull men of his bailiwick he make knowne unto Thomas Tagg and Susanah his wife Ex^rs
of y^e last will & Testam^t. of Denis Canty late of Said County Dec^d. if found in y^r. bailiwick Soe
that they be and personally Appeare before our Justices at y^e next Court to be held for S^d
County to Shew cause if any they have why Execution Should not Issue forth a^st. them to
Satisfie unto James Mitchell as well y^e Sume of five hundred & Sixty pounds of Tob^o.
Debt as alsoe y^e Sume of Two hundred Sixty & Eight pounds of Tob^o. Cost According to
[a] Judg^t. recovered a^st. y^e Said Denis Canty in his life time Att a Court held for Said County
[y^e] 28 day of March Annoq Domⁱ. 1699
Att which next Court viz^t. y^e 25 day of March Annoq Domⁱ. 1701 y^e Day of y^e returne of
Said writt came Elias King high Sher^f. of Said County and made returne thereof viz^t
Made knowne to y^e within named Thomas Tagg and Susanah his wife before James Smith &
Mathew Smith Two good and Lawfull men of my bailiwick as by this writt I am comanded
                                                                                      p^r    Elias King Sher^f.
On which Said day y^e Said Defend^ts. by Michael Earle theire Attorney Appeares &
prayes thereof to Imparle untill the next Court which was granted y^e Same day was
given y^e plaint^f. likewise    Macklin p^r q^r
The which cause being cont^d. from Court to Court untill this p^rsent Court & y^e Said
cause Standing for Tryall came as well y^e Said Defendants by Michael Earle theire
Attorney as alsoe y^e Said Plaint^f. by his Said Att^ry & y^e Said Defend^ts. makeing
noe Suffitient defence y^e Plaint^f. by his Said Att^ry prayes that y^e Said Judgem^t. may
be Affirmed which was accordingly Granted

Therefore it is considered by y^e Court here this day viz^t y^e 28. day of Novem^r. Annoq
Domⁱ. 1701 That y^e Plaint^f. James Mitchell have Execution a^st. y^e Said Defend^ts.
Thomas Tagg and Susanah his wife Ex^rs of y^e last will & Testam^t. of Denis Canty Dec^d.
as well for y^e Afs^d. Sume of Eight hundred Twenty & Eight Debt & Cost as afore Said
as alsoe y^e Sume of Two hundred & Seaven pounds of Tob^o. cost of Suite & y^e Said
Defendants in Mercy ~ ~ ~ ~ ~                                                    Jn^o Dowdall Clk
~~~~~~~~~~~~~~~

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Kent County Court, Proceedings, 1700-1701

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