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[10]5 Novemr. Court 1701 The which Decln. plea & proves of ye obligacon being by ye Court heard and duly considered Judgt. is thereupon awarded for ye Said Plaintf. ast. ye Said Defendt. for his Debt & damages Therefore it is considered by ye Court here vizt. this 28 day of Novemr. Annoq Domi. 1701 that ye Said Plaintf. John Dubroise of Kent County in ye Province of Pensilvania Merchant doe recover from ye Said Defendt. Patrick Creagh as well ye Sume of Seaven pounds eighteen Shillings Currant Lawfull Silver Money of Said Province of Pensilvania Debt as alsoe ye Sume of Three hundred Twenty and one pounds of Tobo cost of Suite & ye Said Defendt. in mercy ~~~~~~~~~~~~~~~ Jno Dowdall Clk Comand was given to ye Sherf. of Kent County ye 28 day of March Anno Domi. 1701 that he Take Charles Hollinsworth alius dictus Charles Hollinsworth of Kent County Cordwainer if found in his bailiwick & him Safe keepe Soe that he have his body before his Majties Justices at ye next Court to be held for Said County to Answer unto Joshua Sweatnam one of ye Attrys of this Court according to ye customes & priviledges accustmoed &a. in An Action Sur le case Att which next Court vizt. ye 24 day of June Annoq Domi. 1701 ye day of ye returne of Sd writt came Elias King high Sherf. of Said County and made returne thereof ~~ cepi pr Elias King Sherf. On which Said day ye Said Defendt. by Richard Macklin his Attry Appeares & prayes thereof to Imparle untill ye next Court which was granted ye Same day was given ye Plaintf. pa pa 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. Anno Domi. 1701 came as well ye Said Defendt. by his Said Attry as alsoe ye Afsd. plaintf in his proper person & ye Said cause Standing for Tryall ye plaintf. Decln vizt. Kent Ss Charles Hollinsworth alius dictus Charles Hollinsowrth of Kent County cordwainer Stands Attached to answer unto Joshua Sweatnam one of ye Attrys of this Court according to the customes & priviledges &a. in An Action Sure le case And whereupon ye Said Joshua in his proper person complaineth & Saith that whereas he ye Sd. Joshua in ye month of Apll. and in ye yeare of our Lord Christ 1700 in Said County & within the Jurisdiction of this Court was Actually and Lawfully possessed of one Sorrill horse of ye age of four yeares three white feet A white blaze downe ye forehead branded wth. ye letters IB ye far buttock & Shoulder which Said horse Soe maked and branded as Afsd. by finding came into ye hands of ye Said Charles Hollinsworth yet ye Said Charles well knowing ye property of ye Said horse to rest in ye Said Joshua ye Said Charles did actually Sell & deliver (as his owne proper goods) ye Said Horse unto a certaine Edmond Parker of New Castle County in ye Teritorys of Pensilvania which Said Horse continued in his possession untill ye 13 of Augst. 1700 and afterwards by him ye Said Edmond delivered to A Certaine Andrew Neale in whose custody & possession ye Said horse was found by him ye Said Joshua all which by certaine evidence he ye Said Joshua is willing to averr & make appeare and albeit he ye Said Joshua did at Divers times as well in his proper person as by agent Sollicitt him ye Sd. Charles for Satisfaction of ye damage hereby Sustained as may Appeare yet nevertheless ye Said Charles did actually & possitively deny and refuse any Such Satisfaction or reparacon to make and the Same to make he doth actually deny & refuse to ye reall damage of ye Said plaintf. 2000lb of Tobo & thereupon he brings this Suite Sweatnam in pa prsona pleadges &a. ~~ Jno Doe Rd. Roe
manner & forme cannot nor by ye law of ye land is not bound to make answer & this he is ready to averr whereupon for want of A Suffitient decln. & Suffitient matter therein to be contained ye deft. prays Judgt. &a. |
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