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Novemr. Court 1701 105 1. reason The plaintf. Saith he lost his horse in Apll. 1700 which is an uncertaine Date ~ ~ ~ &a. ~~~~~ 2. reason he doth not alleadge when ye horse came to ye hands of ye Defendt. ~~~~~ 3. reason he doth not decle. that he is ready to aver ye mentainance of his Action ~~~~~ 4 reason he hath not Shewed any demand of ye horse in his Decln. menconed before action brough which without which there can be noe conversion ~~~~~ 5. Reason The place where & time when ye horse came to ye Defendts. hands ought Splly to be Sett forth in ye Decln. which is not done ~~~~ Hughes Grand Agridgemt. vo: 1 : page 88 ~~~~~ 6. It appeares by ye plaintfs. owne Shewing that ye Defendt. came to ye horse by trover and alsoe that in his case an action upon ye case doth not lye ast ye Defendt. because ye plaintf. had his remedy by detinue ast. ye person in prsent possession for he hath not Shewed ye Sale to be in Markit or publiquely or to change ye property ~~~ Hughes Grand Abridgements vol. 1 . page ye 87. Macklin pr Defendant And ye plaintf. replys & Saith that ye whole of ye Defendt. is contentious and whereupon Ie. putt my Selfe upon ye Court ~~~ Joshua Sweatnam The which Decln. Demurer & replicacon being read and by ye Court heard and ye Plaintf. not being capable of mentaining his Action ye Defendt. by his Said Attry prays a Nonsuite which was by ye Court granted him Therefore it is considered by the Court here this day vizt. ye 28. day of Nor. Annoq Domi. 1701 That ye Said Charles Hollinsworth as to ye Said Action goe thereof without day and it is likewise considered that ye Said Defendt. doe recover from ye Said Plaintf. Joshua Sweatnam as well ye Sume of fifty pounds of Tobo. for A Nonsuite according to Act of Assembly &a. as alsoe ye Sume of Two hundred forty & Three pounds of Tobo. cost of Suite & ye Said Joshua Sweatnam in Mercy ~~~ Jno Dowdall Clk ~~~~~~~~~~~~~~~ Comand was given to ye Sherf. of Kent County ye 28. day of March Annoq Domi. 1701 that he take Joshua Sweatnam 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 to be held for Said County to Answer unto Charles Hollinsworth junr. of A plea of Trespass upon ye Case ~~~~ Macklin pr qr Att which next Court vizt. ye 24 day of June Anno Domi. 1701 ye day of ye returne of Sd. writt came Elias King high Sherf. of Said County and made returne Cepi pr Elias King Sh[erf.] Att which Said day ye Said Plaintf. by his Afsd. Attry moves ye Court that ye Said Defendt. Joshua Sweatnam may Continue in ye Sherf. Custody untill he find Spll baile to Said Action which was by ye Court Granted Thereupon Ordered That Elias King high Sherf. of this County doe keepe in his Custody ye Said Defendt. Joshua Sweatnam untill he find Spll baile to this Action now depending between Charles Hollinsworth junr. Plaintf. and ye Said Defendt. Jno Dowdall Clk And ye Said Defendt. Joshua Sweatnam comes into Court togeather wth. Nicholas Massey & Thomas Browne his Securities who doe Acknowledge that ye Said Defendt. Joshua Sweatnam Shall pay condemnacon if Cast or else they will doe it for him On which said Day ye Said Defendt. in his proper person Appeares & prayes thereof to Imparle untill ye next Court which was granted ye Same day was given ye Plaintf. alsoe The which case 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. In his proper person as alsoe ye Said Plaintf. by Richard Macklin his Attry & ye Said Cause Standing for Tryall ye Plaintf. Decln |
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Kent County Court, Proceedings, 1700-1701
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