Archives of Maryland, Volume 0730, Page 0031 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

[3]1 Feb^ry Court 1700

Isaac Davis	Non Assumsitt p^r patriam Earle p^r defendant
ag^t.
Isaac Bowles	But y^e Said Plaint^f. neither by himselfe nor his Att^ry mentaining theire
	Declⁿ. and making noe replication to y^e Defendants plea y^e Said Defend^t. by
	his Said Att^ry moves y^e Court for A Nonsuite which was Granted unto him

Therefore it is Considered by y^e Court here that y^e Said Defend^t. as to y^e Said Action goe
      thereof without day And it is likewise considered that y^e Said Defendant doe recover
from y^e Said plaint^f. as well y^e Sume of fifty pounds of Tob^o. for A Nonsuite as Alsoe y^e Sume
of one Thousand five hundred pounds of Tob^o. Cost of Suite and y^e Said Isaac Davis
in mery                                                                   Jn^o Dowdall Clk

Comand was given to y^e Corroner of Kent County y^e 29. Day of Aug^t. Annoq Domⁱ. 1700 That he
Take Elias King of Kent County Gentⁿ. Ex^r. of Edw^d. Sweatnam late of Kent County Dec^d. who
was Ex^r. of Rich^d. Sweatnam late of Talbott County Dec^d. if found in his bailiwick & him Safe
keepe Soe that you have his body before our Justices at a Court to be held for our Said County y^e fourth
of Septem^r. next to answer unto Edw^d. Baracliff late of Talbott County milwright in A plea that
he render to him Twenty Three Thousand Three hundred Twenty & one pounds of Tob^o. which from
him he unjustly Detaines
Which next Court being Andjourned Court all Causes were Cont^d. and all writts & other
precepts were Cont^d. in y^e Sher^f Custody & Corroners untill y^e 26. day of Novem^r. following
Att which next Court viz^t. y^e 26. day of Novem^r. Anno Domⁱ. 1700 y^e Day of y^e returne of
S^d. writt Come Thomas Smith Corroner of Said County & made returne thereof viz^t.
                                                                                 Cepi Corpus Tho^s. Smith Cor^r.
On which S^d. Day y^e Said Defend^t. in his Capacity by Rich^d. Macklin his Att^ry Appeares & pray[es]
thereof to Imparle untill y^e next Court which was Granted unto him y^e Same day was given y^e
Plaint^f. likewise    Earle p^r q^r.
Which Cause being Continued from Court to Court untill this p^rsent viz^t. Feb^ry y^e 13. 1700 &
y^e S^d. Cause now Standing for Tryall y^e Plaint^f. Declⁿ.       viz^t.

Kent Ss	Elias King of Kent County Gentⁿ. Ex^r. of Edw^d. Sweatnam late of Kent County Dec^d. who
	was Ex^r. of Richard Sweatnam late of Talbott County Dec^d. Stands Attached to Answer
	unto Edw^d. Baracliff late of Talbott County millwright in A plea that he render to
	him Twenty Three Thousand Three hundred Seaventy one pounds of Tob^o. which from
	him he unjustly Detaineth

And whereupon y^e Said Edw^d. by Mich^ll. Earle his Att^ry complaineth and Saith that y^e S^d
Richard, to witt, y^e Thirtieth day of July 1691 was Indebted unto y^e Said Edw^d. by his certain
bill in writing Sealed w^th. his Seale as his Act & deed Delivered & here in Court brought whose
date is y^e day & yeare Afs^d. did bind himselfe his heires Ex^rs. Ad^rs. to pay or Cause to be paid
unto y^e S^d. Edw^d. Baracliff his heires Ex^rs. Ad^rs. y^e full & just Sume of Twenty Three
Thousand Three hundred Seaventy one pounds of good Sound merchantable Tob^o.in Casque
Convenient in y^e County Afs^d. at or upon y^e Tenth day of Novem^r. next ensuing y^e Date thereof
notwithstanding y^e Said Ricahrd in his lifetime to witt y^e first day of Aug^t. 1691 he did pay
unto y^e Said Edw[^d. y^e Sume] of Seaventeen Thousand Four hundred and Tenn pounds of Tob^o. as
[o]n y^e back of y^e [s^d. bill e]ndorsed but y^e residue being Five Thousand Nine hundred Sixty and
[o]ne he y^e Said Rich[ard in] his lifetime did not pay nor y^e Said Edw^d. in his Capacity Since his
death that not paid y^e Same nor any part thereof nor y^e Said Elias Since y^e death of y^e Said
Edw^d. in his Capacity have not paid y^e Same nor any part thereof tho often demanded y^e Same
to pay have denyed & refused and Still doth deny to y^e Damage of y^e Said Edward Baracliff
Tenn Thousand pounds of Tob^o. and thereupon he brings this Suit Jn^o Doe
Earle p^r q^r. pleadg &^a. Rich^d. Roe

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Kent County Court, Proceedings, 1700-1701

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