Archives of Maryland, Volume 0740, Page 0019 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

19) And humbly craveth Allowance for these Severall Sumes of Tobacco
paid for the devd Since his decease Viz^t.

		lb tob^o.
	To a Coffin and funerall Expences	586
	To M^r. W^m. Frisby by Judg^t. and rec^t.	5427
	To bond to Lord Baltemore and rec^t.	3600
	To Elias King Sher^fs Accounts and rec^t.	1254
	To Jeffry Tower by Judg^t. and rec^t.	637
	To Sallery for 11504^lb tobacco	1150
	To Com^rys comission and Stating the Account	160
		————
	Allowed 10^d p^r Cent. is 64^lb:01^s:4^d	12814
	1700 Aprill the 20^th.	======

                     The above Account proved by the oath of Anne Devenish
                Adm^rx. of Said Estate To be a Just and true Account before
                Elias King DepCom^ry. Com^r. Kent       Vera Copia p^r WSaylard Reg^r Com^ry
                          —————

	James Wroth	\| And the afd plaint by his afd Attorney Says that the
	a^t	\| afd plea of the afd defendants as to the having paid
	Devnish Adm^rs.	\| debts of the intestates to the value of twelve thousand

   Eight hundred and fourteen pounds of tobacco and that they had not
   Assetts at the time of the plaint^fs Commencing his Suit against them
   above in bar pleaded that that plea in Manner and ~~manner~~ forme
   afd pleaded and the Matter therein contained doth not hold good and
   Sufficient in Law to debarr him the Said plaint^f. from having his accon
   afd against them the Said Defend^ts. And that he to that plea in
   Manner and forme afd pleaded hath no need nor by the Law of the
   Land is bound to Answer and this he is ready to Averr And thereupon
   for want of a Sufficient Answer ot the Sayd defend^ts. in that behalf he the
   Said plaintife prays Judg^t. &c^a. Macklin p^r q^r. ———
1.reason/    The defend^ts. plead that they have paid debts that tantamounts the estate
           of the intestate which pleading is to generall and for the incertainty
           the plaint^f. Cannot reply whereupon a certaine Issue may be taken
           for the Judg^ts. in the plea plea mentioned might be Judgm^ts. obtained Since
           the death of the intestate upon Accons of the case or of an Inferiour
           Nature to the debt in the plaint^fs. declⁿ Mentioned which by the afd plea
           of the afd defend^ts the plaint^f. Cannot know but the Adm^r or Ex^rs.
           is privy and representeth the person of the Testator or intestate and
           by Judg^t. of Law hath Notice of the ~~hath no~~ certainty that is for
           what the S^d. Judg^ts were obtained and therefore they ought in Such
           case to plead certainty as afd as the heir when he pleads detainment
           of Charters in a writ of Dower he ought to Shew the certainty because
                                                                                                     ( he is

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Kent County Court, Proceedings, 1701-1705

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