Archives of Maryland, Volume 0740, Page 0237 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

August Court 1703

Isaac Davis~~	\| Be it remembred y^t the 24^th Daÿ of Aug^t anno Dni~~
ag^t	\| 1703 Came here into Court Isaac Davis bÿ Ricd Macklin his
The Ex^r: of Edwd ffreÿ	\| att^rÿ & Exhibitted to her majesties Justices of Kent Countÿ
	Court Judiciallÿ Setting his Certain bill ag^t George Lumleÿ ~~
	Gentⁿ Clk of Kent Count Court Ex^r of y^e last will & testa:

   : ment of Edward ffrÿ late of Kent Countÿ Deceased: here p^rsent in Court in his
   prop^r person of a plea of trespass upon the Case :
        And whereupon the Said Isaac bÿ Richard Macklin his att^rÿ Complaines y^t ~
   Whereas y^e Isaac y^e 28^th Daÿ of June anno Dñi 1702 & in the month of 8ber an^o Dñi 1702
      att the Speciall Instance & request of y^e S^d Edward in his lifetime Sold & Delivrd
      unto y^e S^d Edward Divers goods warres & merchantdizes amõunting to y^e Sum^e of four pounds
      Thirteen Shillings Ster^g as bÿ an acc^t thereof, to this Declaⁿ annexed & here in Court ~~brought~~
      produced the Sume appears in Consideration thereof y^e S^d Edward in his lifetime upon
      himselfe assumed & unto y^e S^d Isaac then & there faithfullÿ promissed y^t he
      the Said Edward | when thereunto required ) the afsd 4^ls: 13^s: well & truelÿ he
      wold paÿ yett nevertheless the S^d Edward in his lifetime, & y^e afs^d George ~~
      after the Death of y^e S^d Edward y^e afs^d promiss & assumption of y^e afs^d
      Edward: in form: afs^d made not weighing nor in anÿ mañer regarding but
      plotting Contriveing & fraudulentlÿ intending the afs^d Isaac of y^e afs^d ~~
      04^ls: 13^s: Crafitlÿ to Deceive & Defraud y^e Same 04^ls:13^s: to y^e S^d Isaac have not
      paid but y^e Same to paÿ have Denÿed and y^e S^d George y^e Same (as yett to paÿ) Doth
      Denÿ & refuse allthough often thereunto (bÿ the S^d Isaac) required, to y^e Dam
      =mage of y^e Said Isaac: 09^ls: 06^s & thereupon he bring this Suit :
                                                                  añoo 1703 m^r: Edwd frÿ D^r    Macklin p^r q^r &c^a

		June y^e 28^th	ls s
		To one black Gelding att ~~ ~~ ~ ~	03: 05:00
		^october To one barrel of Corn att ~~ ~~ ~ ~	01: 08:00
		~~And the Def^t~~~ Err^rs: Excepted p^r me Isaac Davis	04: 13: 00

	Isaac Davis ~~	\|
	ag^t	\| And the Def^t in his afs^d Capacitie bÿ Michael Earle his ~~
	The Ex^rs of Edwd ffrÿ	\| att^rÿ comes & Defends y^e force & Injurÿ when &c^a: & for plea Saith
		y^t y^e accõn ag^t him y^e S^d Def^t he y^e S^d pltf ought not to have

        because he Saÿeth y^t y^e S^d Testat^r in his life time paid & Satisfied unto y^e S^d pltf
      The Sum^e of two pounds Sixteen Shill^s & three pence part of y^e ^^{S^d} Debt of 04^ls:13^s in y^e
      pltfs Declaⁿ mentioned as p^r y^e books of y^e S^d Testat^r (here in Court brought) ap~
    =pears and therefore praÿs Discount according to act of assembly &c^a
      and as to the residue hath not to Gainsaÿ : :                 Earle p^r Deft^e
           Which Declaⁿ & plea being bÿ the Court heard & fullÿ understood It is
      bÿ them Consider y^e Daÿ & year afs^d that the S^d acc^t in the S^d testat^rs
      book | whereof y^e Ex^r of y^e S^d Testat^r praÿs Discount ) according to act of assem
    = blÿ ) be Discounted accordinglÿ and y^t y^e S^d Isaac Davis recover ag^t the
      y^e S^d George Lumleÿ in ^^his afs^d Capacitie, as well y^e Sum^e of two pounds Eight
      Shillings Ster^g y^e Ballance Due after S^d Discount as y^e Cost of Suit allowed
      bÿ Law in Such Cases    That is y^e S^d Ballance to be paid when assetts
      of y^e S^d testat^r in y^e S^d Ex^rs: hands :            Geo: Lumleÿ Clk

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Kent County Court, Proceedings, 1701-1705

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