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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 20   View pdf image
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20)            he is privy or otherwise it Should be as in the principle case a
                devise to bar poor Creditors (a usual Attempt in these days) of
                their true and Just debts which was una voce condemned by the
                whole Court
2dreason/    The defendts. Say they had not Assetts at the time of the plaintfs Com=
                :mencing his Suit but hath not averr’d that the intestate did not at
                the time of his death leave Assetts which came to their hands
                Sufficient to Satisfy the plaintifs debt for the defendts. May have
                paid out the intestates estate otherwise than in Such cases the law
                directs of which the plaintifs Cannot have knowledge, And So might
                have no Assetts at the time of the plaintifs comencing his Suit which
                Shall be no bar to the plaintif in his accon and therefore
                the barr is insufficient /
3dly.            The defendts. ought to have Averred that the Severall debts
                in his plea above in bar pleaded were Just and due debts and
                unpaid by the intestate in his life time otherwise the defendts.
                Might Suffer recovery against them by covin to defraud the
                plaint of his Just debt of which the plaint by intendment of
Clk 190            Law may be Ignorant but the defendts. Cannot want privity
Shf  35            And it Shall be intended that every Man will Shew that which
Atty 100          is best for himself &ca.    Macklin pr qr.    Demur Joyned Earle
fees 325                                                                                            pr Defendts
   Which plea demur and replications being argued and by the Court heard
   and duely considered Judgt. was awarded to the Said defendts. for a nonsuit
   agt. the Said Plaintf. And the cost Accruing thereupon
           Upon which the Said plaintf. by Richard Macklin his Attry
   doth appeale to the Said Judgment And the Said Richard Macklin
   and George Lumley have accordingly given bond here in Court
   for the prosecuting the Same according to Law at the next
   Provinciall Court for this province of Maryland
                                                                            George Lumley Clk
~~~~~~~~~~~~~~~


 Kent Ss: Nicholas Marsey of Kent County was Sumoned to
Edward Fry    |    Answer unto Edward Frye of A plea that he render him One good
at    |    boat of ten foot by the Keell of the Value of One thousand two
Nichols Marsey    |    hundred pounds of Tobacco which from him he unjustly detains
   And Whereupon the Said Edward by Richd. Macklin his Attorney Complains
   that Whereas the Said Edward ffrye was lately possessed of the afd boat as of
   his proper goods And af the afd Edward being So thereof possessed the Said
   Edward Lost the Said boat out of his hands and possession which Said boat
   afterwards that is to Say on the - - - day of _ _ _ _ At Chester
   river within the Jurisdiction of this Court Came to the hands and possion
   of the Said Nicholas Yet the Said Nicholas altho’ often required the afd boat
                                                                                                            ( to him



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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 20   View pdf image
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