Archives of Maryland, Volume 0730, Page 0067 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

[49] March Court 1701
Often thereto required by y^e Said Edward but y^e Same to pay they & every of
them have denyed And refused & Still doth deny & refuse and unjustly detaine to
y^e damage of y^e Said Edward three Thousand Eight hundred and Seaventy pounds of
Tob^o. & thereupon he brings this Suite Earle p^r q^r.

Wallis^s. Ad^rs	And y^e Said Defendants in theire Said Capacities by Richard Macklin
ad^s	theire Att^ry comes & defends y^e force & injury when &^a. And for plea
Bathurst	Saith lett noe further process nor any other thing be done against y^e Said
	Defend^ts. because they Say that before y^e purchaseing of y^e orriginall writt

of y^e Said Plaint^f. a^t. them y^e Said Defendants y^e Said Defendants had fully
Administered all & Singular y^e goods Chatles & Creditts which were y^e Said Richard
Wallis^s, at y^e time of his death Soe farre forth as they are come to theire hands or
knowledge and that they the Said Defend^ts. have not any Assetts which were of y^e Said
Richards Estate at y^e time of his Death to Satisfie y^e debt in y^e Plaint^fs. Declⁿ. mencon
:ed and thereupon prayes Judgement whether y^e Said Plaint^f. his Action Afs^d. ag^t. them
ought to have & Mentaine &^a. Macklin p^r Defend^ts.

Wallis Ad^rs	And y^e Said Plaint^f. for replicacon Saith by his Afs^d. Att^ry that y^e Def^ts.
ad^s	at y^e time of y^e Plaint^f. purchaseing of y^e orriginall writt ag^t. them had
Bathurst	not Administered all & Singular y^e goods Chatles and Creditts of y^e Said
	Richards which belonged unto him y^e Said Richard at y^e time of Death

According to Law they y^e Said Defendants have paid Accounts and other debts of an
inferior nature Therefore y^e Plaint^f. from his Action Afs^d. ought not to be barred, And
therefore prayes Judgement for his Debt & Damages to be awarded unto him by this
Court &^a. Earle p^r q^r

Wallis^s. Adm^rs	And y^e Said Ad^rs in theire Capacities by theire S^d. Att^ry
ad^s.	Saith that y^e replicacon of y^e Afs^d. plaint^f. & y^e matter therein
Bathurst	Contained is not Suffitient in Law to cause y^e Said Defendants to
	make Answer and that they y^e Said Defend^ts. to that replicacon
	& y^e matter in y^e Same Contained have noe need neither by y^e

Law of y^e land are bound to Answer and this they are ready to Averr & thereupon
prayes Judgement &^a.
1^st y^e plea being A plaint^f. y^e plaint^f. ought to have Assigned or Taken y^e issue upon
           Assetts or noe Assetts
2^d. The paying debts of inferior Nature is no question Naturally Arriseing from y^e
           pleadings for y^e Defend^ts. might pay Debts of inferior Nature over & above
Assetts come to theire hands                           Macklin

                                         Demur^r. Joyned    Earle p^r q^r
Which plea Demurer & replicacons being argued & by y^e Court heard & duly
considered Judgem^t. was awarded to y^e Said Defend^ts. for A Non Suite a^t. y^e S^d.
Plaint^f.

   Therefore it is Considered by y^e Court that y^e Said Defendants as to y^e Said Action in
theire Said Capacities goe thereof without day And it is likewise considered that y^e S^d. Def^ts.
in theire Said Capacities doe recover from y^e Said Plaint^f. Edward Bathurst as well
y^e Sume of fifty pounds of Tob^o for A Nonsuite as Alsoe y^e Sume Two hundred & fourteen
pounds of Tob^o. cost of Suite According to Act of Assembly &^a. & y^e S^d. Edw^d. in mercy    Jn^o Dowdall
                                                                                                                                                       Clk

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Kent County Court, Proceedings, 1700-1701

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