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[102] Novemr. Court 1701 Att ye next Court to be held for Said County to answer unto James Mitchell of ye Kingdom of England Mariner of A plea that they render unto him ye full & just Sume of five hundred pounds of Every way well condiconed Tobo in Casque which from him they unjustly Detaine &a. Att which next Court vizt. ye 24th day of June Annoq Domi. 1701 ye day of ye returne of Said writt came Elias King high Sherf. of Said County & made returne cepi pr Elias King Sherf On which Said Day ye Said Defendt. by Michael Earle her Attry appeares and prays thereof to Imparle untill ye next Court which was granted unto her ye 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 her Said Attorney as alsoe ye Said Plaintf. by his Afsd. Attry and ye Said Cause Standing for Tryall ye Plaintf. Decln. vizt Kent County in Maryland Ss Honor Donavant alius dictus Honor Donavant Adx. of all & Singular ye goods Chattles & Creditts of James Donavant late of Kent County planter decd was Sumoned to Answer unto James Mitchell of ye Kingdom of England Marriner of a plea that She render unto him ye just & full Sume of five hundred pounds of every way well condiconed Tobo in Casque which from him She unjustly detaines &a. And Whereupon ye Said James by Richard Macklin his Attry Sayes that whereas ye Said James Donavant in his life time ye 4 day of May Anno Domi. 1700 at Chester River in Said County within ye jurisdiction of this Court by his certaine bill or writeing obligatory Sealed with his Seale as his Act & deed Delivered and here in Court brought whose date is ye Same day & yeare did bind himselfe his heires Exrs. or Adrs to pay or cause to be paid unto ye Said James Mitchell his heires Exrs Adrs or Assignes or Lawfull Attry ye Said Sume of five hundred pounds of Tobo quallified as Afsd. at upon ye Tenth day of Octor. next Ensuing ye date of ye Same bill yet notwithstanding ye Said James Donavant in his life time ye Said Sume of five hundred pounds of Tobo. uallified as Afsd. altho often demanded unto ye Said James Mitchell hath not paid nor ye Said Honor in her Said Capacity Since ye death of ye Said James Donavant to whom Letters of Administracon were in due forme granted paid ye Same altho often demanded but ye Same to pay She hath & Still doth deny & refuse & unjustly detaine to ye Damage of ye Said James Mitchell one Thousand pounds of like Tobo and thereupon he brings this Suite Macklin pr qr. pleadg &a. Jno Doe Rd. Roe The which Decln. being read and by ye Court heard and duly considered and ye Said Deft. neither by her Selve nor Attry makeing aney defence ye Said Plaintf. by his Said Attry moves ye Court that he may have Judgt. for his Debt & cost of Suite which Granted Therefore it is considered by ye Court here this day vizt. ye 28 day of Novemr. Annoq Domi. 1701 That ye Said Plaintf. James Mitchell doe recover from ye Said Defendt. Honor Donavant in her Said Capacity as well ye Sume of five hundred pounds of Tobo. debt as alsoe ye Sume of Two hundred Sixty & nine pounds of Tobo. cost of Suite & ye Said Defendt. in mercy ~ ~ ~ ~ ~ Jno Dowdall Clk ~~~~~~~~~~~~~~~ |
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Kent County Court, Proceedings, 1700-1701
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