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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 6   View pdf image
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                                         November    Court    1700                                                                   [18]

And pay ye Debt in ye Plaint. Decln. menconed and this he is ready to aver and therefore
prayes Judgemt. for his Debt and Damages to be Adjudged him       Macklin pr qr
After ye hearing ye Afsd. Decln. plea & replication by ye Court & being duly & Maturely consider
:ed Judgement is Awarded to ye Said plaint. for his Debt and Cost of Suite

Therefore it is Considered by ye Court here Vizt. ye 28th day of Novemr. Annoq Domi 1700
that ye Said plaint. Edward Cheatham doe recover from ye Said Solomon Wright in his
Capacity as well ye Sume of Two thousand Six hundred forty & four pounds of Tobo Debt as als[o]
ye Sume of Three hundred forty & one pounds of Tobo. cost of Suite and ye Said Solomon in Mer[cy]
                                                                                      Jno Dowdall Clk

Command was given to ye Sherf. of Kent County ye 28. day of March Anno Domi. 1700 That he make kn[own]
unto Solomon Wright Admr. of James Smith late of Kent County Gent. Decd. if found in his
Bailiwick that he be & personally Appeare before our Justices at ye next Court to Shew Cause
if any he have why Execution Should not Issue forth agt. him as well for ye Sume of forty & eig[ht]
pounds of Tobo. Due from ye Said James Smith in his lifetime to Jno Dowdall for Clks. fees
Att which next Court Vizt. ye 25 day of June Anno Domi. 1700 ye day of ye return of Said Wr[it]
came Elias King high Sherf. of Said County & made returne thereof in these words Vizt.
Made Knowne before Charles Hollinsworth Junr. and John Hackett Two good and Lawfull men o[f]
my bailiwick as by this writt I am Comanded                                     pr    Elias King Sherf
On which Said day ye Said Defendt. in his prper prson Appeares and prayes thereof to Impa[rle]
untill ye next Court which was Granted unto him & Same Day was given ye plaint alsoe
Which cause being continued from Court to Court untill this prsent Court came as well ye [Sd]
Plaint. by Richard Macklin his Attry as alsoe ye Said Defendt. in his prper prson & ye Said Ca[use]
now Standing for Tryall & Defendants plea Vizt
The Admr. of James Smith    And ye Said Defendant in his Said Capacity in his prper prson co[mes]
ast.    & defends ye force & injury when &a. And for plea Saith that [there]
John Dowdall    are Severall Debts of a higher Nature and degree which ye Said

   Intestate in his lifetime Stood Justly indebted which were not
Satisfied & pd. by ye Said Intestate in his lifetime which by Law ought to be first Satisfied & p[aid]
Vizt. To Michael Jones & Compa. by a Judgt obtained in this Court ast. ye Said Intestate in his lif[e]
time for Debt & Costs Twelve thousand Seventy & one pounds of Tobo. alsoe a Judgemt. for a Non Suit
obtained in Said Court agt. ye Said intestate in his lifetime by William Hollinsworth for thirteen
hundred Eighty & eight pounds of Tobo. alsoe a bond due to our Lord ye King for Two hundred tho[u]
sand pounds of Tobo. which in ye whole Amounts to ye Sume of Two hundred & Thirteen thousand fo[ur]
hundred fifty and four pounds of Tobo. and therefore ye Plaintf his Action against ye Said Defendt.
ought not to have & mentaine all which he is ready to aver & therefore prayes Judgt. if Acti[on]
                                                                            Solomon Wright    pr prSona
Jno Dowdall    And ye Said plaint. by his Said Attry Sayes that ye Afsd. plea of ye Afsd. Defendt.
ast.    in that Manner & forme Afsd. pleaded and ye Matter in ye Same plea contained is
James Smith Adr    not Suffitient in Law to debarr ye Said plaint. from having his Action Afsd [ast]
ye Said Defendant and that he ye Said plaint. to that plea in that Man[ner & for]m pleaded hath no[e]
need neither by ye law of ye land is bound to Make Answer and this he [is ready to ]aver and thereo[f he]
prayes Judgemt. of ye afsd. plea of ye Afsd. Defendant and his Debt [& Cost adjudged] him M. pr qr
Reason: The Said Defendt. in his plea above pleaded Sayes that there are [debts of a] high nature and
degree wch. ye intestate in his lifetime Stood justly indebted which we[re not] pd. by ye Testator [in]
his lifetime &a. which ought to be first paid which amounts in ye whole to ye Sume of Two hund[red]
& Thirteen Thousand four hundred fifty & four pounds of Tobo. but doth not by ye Afsd. plea Set fo[rth]
& aver that noe further or more Assetts of ye intestates Estate are come to his hands then ye [Afsd]
Sume of Two hundred & Thirteen Thousand four hundred fifty & four pounds of Tobo. for pay[ment]
of ye Debts of higher nature are noe barr to ye plaint. Action except it be Specially Shewn by [ye]
Defendants plea that beyond ye Sd. Debts of higher nature in his plea recited there is not Assetts come to h[is]
hand to pay ye Debt in ye plaint. Decln. menconed &a.


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Kent County Court, Proceedings, 1700-1701
Volume 730, Page 6   View pdf image
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