Archives of Maryland, Volume 0740, Page 0248 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

      Detaine to y^e Damãge of y^e S^d Cornelius Comegÿs 31^ls:14^s: of y^e like moneÿ &
      Thereupon he brings this Suit Macklin p^rq^r Pledges &c^a. Joⁿ: Doe Richrd Roe
           And the afs^d Geo: Lumleÿ In his afs^d Capacitie Comes into Court |in
      his proper person) and Saÿeth y^t he Can not Gainesaÿ y^e pltf in his accõn
      Soe as afs^d brought ag^t him, nor Can not Gainesaÿ but y^t y^e S^d De:
     :ceased was^^{& is} Justlÿ Indebted to y^e S^d pltf, And y^e S^d George in his Said
      Capacitie farther Saÿeth y^t he is will y^t Judgm^t be Intred ag^t him
      |in his S^d Capacitie) fo^r y^e Debt afsd, ~~will~~ and is willing to paÿ y^e Sum^e
      when assetts, of ~~Tes~~ y^e S^d Testat^rs: Estate, in his hands to paÿ y^e
      Same ~~
           It is therefore Considered bÿ y^e Court here this Daÿ to witt the
      twentÿ Eight Daÿ of 7ber anno Dni 1703 That y^e S^d pltf recover
      ag^t the S^d Def^t ~~as well the Sum^e~~ in S^d Capacitie as well y^e Sum^e
      of fifteen pound Seaventeen Shills y^e Debt afs^d (when assetts as
      afs^d) as y^e Sum^e of tobacco y^t y^e Law alloweth |in Such Cases) for
      Cost of Suit ~~ —                                                              GLumleÿ Clk

	Kent Countÿ } Ss
	in Marÿland } Court
Michael Earle	\| Michael Earle one of the Att^rÿs of Said ^ according to the
ag^t	\| priviledges accustomed &c^a. Comes into Court and in his proper p^rson
The Ex^rs: of Edw^d ffrey	\| Exhibitts his bill of Complaint ag^t Georg Lumleÿ Gentⁿ Clk of
	of S^d Countÿ Court here p^rsent in his proper person Ex^r of y^e
	last will and testam^t of Edward ffreÿ late of y^e Same Countÿ
	Deceased of a plea y^t he rend^r unto him y^e full Sum^e of four
	hundred thirtÿ five pounds of good Sound merchantable ~
- - - — -	- tobacco in Cask which from him he unjustlÿ Detaines:

           And whereupon y^e S^d Michael in his proper person in p^r secution of y^e accon
      afs^d Saÿeth y^t whereas y^e S^d Edward in his life time to witt on y^e 27^th Daÿ of ffe:
      b^rÿ Annoq Dni 1701 in y^e S^d Countÿ w^thin y^e Jurisdiction of this Court bÿ his
      Certaine bill or writeing obligatorÿ Sealed w^th: his seal as his act & Deed Delivered
      and here in Court brought whose Date is y^e Same Daÿ and year Did bind
      himselfe his heires Ex^rs: adm^rs: to paÿ unto y^e afs^d Michael Earle y^e S^d Sum^e
      of 435^ls of tobacco quallifÿed as afs^d Convenient in S^d Countÿ upon Demand
      after y^e Date of y^e Same bill yett notw^thstanding the S^d Edward in his lifetime
      y^e afs^dSum^e of 435^ls of tob^o according to y^e Ten^r: of y^e Same bill unto y^e S^d Michael
      he hath not paid allthough often Demanded, Neither hath y^e S^d George |Since
      the Death of y^e S^d Edward) to whome lett^rs: Testamentarÿ in Due form of ~
      Lawe hath been Comitted &c^a: paid y^e Same allthough thereunto requier
   :    ed but y^e Same to paÿ he hath Denÿed & refused and Still Doth Denÿ &
      refuse & unjustlÿ Detaine to y^e Damãge of y^e S^dMichael 870^ls of tob^o
      and thereupon he brings this Suit Earle in p^rpria p^rsona Pledges &c^a Joⁿ: Doe ^{R^d} Roe
           And The S^d George Comes in his S^d Capacitÿ and Saÿs y^t he Can ñot ~
      Gainesaÿ y^e pltf in his accõn Soe as afs^d brought, nor but y^t y^e Said Testatr
      |in his lifetime) ~~[illegible]~~ was Justlÿ Indebted to y^e S^d pltf, nor Cannot Gainesaÿ
      but y^t y^e S^d Testat^rs Estate is Justlÿ Indebted for y^e Debt afs^d, and y^e S^d Ex^r
      in S^d Capacitie Confesseth Judg^t |according to act of assemblÿ) when assetts:
           It is therefore Considered bÿ y^e Court here this Daÿ to witt y^e 28^th
      Daÿ of 7br Anno Dni 1703 y^t y^e S^d Michael Earle recover ag^t y^e S^d ~
      George Lumleÿ in his S^d Capacitie as well y^e Sum^e of 435^ls of tob^o y^e Debt
      afs^d as y^e Sum of Tob^o y^t y^e Law alloweth in Such Cases for Cost of Suit
      The S^d D^t & Cost to be recovered when assetts                      GLumleÿ Clk

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Kent County Court, Proceedings, 1701-1705

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