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Novemr. Court 1701 106 The which Decln plea demurer & rejoynder being read and by ye Court heard & fully understood ye Court giveth Judgt. for ye Said Plaintf. for ye Debt & cost accrewing thereon Therefore it is considered by ye Court that ye Said Plaintf. Charles Hollinsworth Junr doe recover from ye Said Defendt. Joshua Sweatnam as well ye Sume of Seaven hundred pounds of Tobo. debt as alsoe ye Sume of Three hundred forty & five pounds of Tobo cost of Suite & ye Said Joshua in Mercy ~~~ &16 Jno Dowdall Clk ~~~~~~~~~~~~~~~ Comand was given to ye Sherf. of Kent County ye 25 day of June Anno Domi 1701 that he Take Thomas Tolly alius Dictus Thomas Tolley of Kent County planter 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 Richard Fillingham of A plea that he render unto him ye Sume of Three hundred ninty five pounds of Tobo. which to him he oweth & from him he unjustly detaineth &a. The which next Court being an Adjourned Court all actions were Continued untill ye next Court following Att which next Court vizt. ye 23d. day of Sepr. Anno Domi. 1701 ye day of ye returne of Said writt According to Adjournemt. came Elias King high Sherf. of Said County & made returne thereof vizt. cepi corpus pr Elias King Sherf. On which Said Day ye Said Defendt. by Michael Earle his Attry Appeares & prayes thereof to Imparle untill ye next Court which was granted unto him ye Same day was given ye plaintf. alsoe 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 Said Plaintf. by Joshua Sweatnam his Attry and ye Said Cause Standing for Tryall ye Plaintf. Decln Kent Ss Thomas Tolley otherwise called Thomas Tolley of Kent County planter was Sumoned to answer unto Richard Phillingham of A plea that he render him ye Sume of Three hundred Ninty & five pounds of Tobo. which to him he oweth & from him he unjustly detaineth And whereupon ye Said Richard Fillingham by Joshua Sweatnam his Attorney Saith that whereas ye Said Thomas on ye fourteenth day of Sepr. in ye yeare of our Lord God 1700 in Said County within ye jurisdiction of this Court by his certaine bill or writing obligatory Sealed wth. his Seale as his Act & deed delivered and here into Court brought whose date is ye Same day and yeare did bind himselfe his heires Exrs Adrs to pay unto ye Said Richard his heires Exrs Adrs ye Said Sume of 395lb. of good Tobo. in Casque convenient in ye County Above Said yet notwithstanding ye Said Thomas ye Said Sume of 395lb Tobo. according to ye Tenr. of ye Same bill unto ye Said Richard he hath not paid altho often demanded but ye Same to pay hath denyed and refused to ye damage of ye Said Richard ye Sume of Seaven hundred pounds of Tobo. pounds of Tobo. and thereupon he brings this Suite ~ ~~ Joshua Sweatnam pr qr. pleadg &a. Jno Doe Richard Roe And ye Said Defendt. by Michael Earle his Attorney comes and defends ye force & injury when &a. and for plea Saith non Sum Informatus The Said Defendt. makeing noe other defence neither by himselfe nor Attry ye Judgt. is awarded for ye Said Debt & cost accrewing |
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Kent County Court, Proceedings, 1700-1701
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