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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 159   View pdf image
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107                                               Novemr.    Court    1701
   Therefore it is considered by ye Court here this day vizt. ye 28. day of Novemr. Anno Domi.
1701 That ye plaintf. Richard Fillingham doe recover from ye Said Defendt. Thomas Tolley as
well ye Sume of Three hundred ninty & five pounds of Tobo Debt as alsoe ye Sume of Two
hundred eighty and nine pounds pounds of Tobo. Cost of Suite & ye Said Defendt. in Mercy
~~~~~~~~~~~~~~~                                                    Jno Dowdall Clk
Edw. Steavenson    Comand was given to ye Sherf. of Kent County ye 25 day of June Annoq
ast.    Domi. 1701 That he Take Thomas Tolley of Kent County Gentn if found in his
Thomas Tolley    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 Edward Stevenson of a plea
of Trespass upon ye Case

The which next Court being an Adjourned Court all writts & other prcepts were contd in
ye Sherf. Coroners & Constables Hands untill ye next Court following
Att which next Court vizt. ye 23d. day of Sepr. Annoq Domi. 1701 ye day of ye returne of
Said writt according to Adjournemt. came Elias King high Sherf. of Said County & made
returne Thereof in these words following vizt. ~~~ cepie corpus pr Elias King Sherf.
On which Said day ye Said Defendt. in his proper person Appeares & prayes thereof to
Imparle untill ye next Court which was granted unto him ye Same day was given ye plaintf.
And now here at this day vizt. & 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 and
ye Said cause Standing for Tryall ye Plaintf. Decln
Kent Ss    Thomas Tolley of Kent County Gentn. Stand Attached to Answer unto Edward
                Stevenson of A plea of Trespass upon ye Case
And whereupon ye Said Edward by Richard Macklin his Attry complaines that whereas ye Said
Thomas ye eleventh day of Apll. Anno Domi. 1701 at Chester river in Kent County wthin ye jurisdic
:tion of this Court Stood Justly Indebted unto ye Said Edward in ye full & just Sume of Two
pounds Sterlg. mone and ye Said Thomas being indebted Soe as Afsd. unto ye Said Edward ye Sd
Thomas did draw his certaine noate or Script Signed wth. ye proper name & hand of ye Said
Thomas directed to a certaine Wm Dowling requesting thereby ye Said Wm Dowling to pay to
ye Said Edward Stevenson or ordr. ye Said Sume of Two pounds Sterg. money which ye Said
Thomas was indebted to ye Said Edward and place ye Same to ye Acct. of him ye Said Thomas
which Said noate or Script is here in Court brought In consideracon thereof ye Said Thomas
upon himselfe assumed and unto ye Said Edward then & There faithfully promised that if in
case ye Said Wm Dowling Should faile in ye payment of ye Said Two pounds Sterg money
unto him ye Said Edward Steavenson that then he ye Said Thomas ye Said Sume of Two pounds
Sterlg. money unto ye Said Edward when thereunto Afterwards required he would well & Truly
pay And ye Said Edward in fact Saith that he did prsent ye Said Noate or Script unto ye Said
Wm Dowling requireing of ye Said Wm Dowling ye paymt. of ye Said Two pounds Sterg. in ye Said
noate contained who Utterly refused ye paymt. thereof yet Nevertheless ye Said Thomas Tolley his
promise & Assumption not minding nor regarding nor in any Manner weighing but plotting
contriving & fraudulently intending ye Said Edward in that behalfe craftily & Subtilly to
deceive & defraud ye Afsd. Sume of Two pounds Sterg in money According to his promise &
assumption altho often Afterwards demanded unto ye Said Edward Stevenson ye Said Thomas
Tolley as yet hath not paid but ye Same to him to pay hitherto hath denyed and as yet ye Same to
                                                                                                                              him



 
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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 159   View pdf image
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