Archives of Maryland, Volume 0740, Page 0252 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

      Yett not w^thstanding y^e S^d Edward in his lifetime y^e afs^d Sum^e of 5^ls Cur^tt moneÿ as afs^d according
      to y^e Ten^r of y^e Same bill unto y^e S^d Henrÿ he did not paÿ alltho^h often Demanded ~
      neither hath y^e Said George in his afs^d Capacitie |to whome lettrs testamentarÿ in
      Due form of Law hath been Comitted &c^a) paid y^e Same altho^h thereunto requir:
    =ed but y^e Same to paÿ hath Denÿed and refused and still Doth Denÿ &
      refuse & unjustlÿ Detaine to y^e Damãge of y^e S^d Henrÿ 10^ls like moneÿ
      as afs^d and thereupon he brings this Suit Earle p^r q^r: Pledges &c^a Joⁿ Doe R: Roe
           And now here this Daÿ to witt the 28^th Daÿ of September anno Dni 1703
      Comes y^e S^d Ex^r in his S^d Capacitie & Saÿeth y^t he Can not Gainesaÿ & pltf
      in his action afs^d Soe as afs^d brought, and Thereupon Confesseth Judg^t
      |in his prop^r p^rson) to paÿ y^e S^d Debt when assetts:
           It is therefore Considered bÿ the Court here this Daÿ to witt y^e 28^th Daÿ
      of 7ber anno 1703 That y^e S^d pltf recover ag^t y^e S^d Ex^rin his S^d Capacitie
      when assetts as afs^d as well y^e Sum^e of five pounds the Debt afs^d y^e Sum^e of
      tobacco y^t y^e Law alloweth in Such Cases                           Geo: Lumleÿ Clk

Richard Bennitt	\| Kent Co^y Ss/
& Companÿ	\| James Devergee als Dicts: James Devergee of Kent Countÿ
a^t	\| merchant was Sumõned to answer unto Richard Bennitt
James Devergee -	\| and Companÿ Merchants of plea y^t he rend^r: them y^e
	full & Just Sum^e of one thousand Six hundred twentÿ
	Six pounds of ~~tobacco~~ good Sound merchantable Leafe
	tobacco in Cask w^ch to them he oweth & from them Unjustlÿ
	Detaineth as bÿ a Declⁿ & bill (filed in this Court in
- — —	— Due form of Law, y^e Same appears

      And y^e S^d Def^t Comes ~~& Im~~ bÿ Edward Bonwick^{his att^rÿ}& praÿs leave to Imparle ~
           untill next Court                 Same
      hereunto^ w^ch is Granted y^e ^ Daÿ is Given y^e pltf allsoe, att w^ch S^d next Court to
      witt the 22^th Daÿ of June an^o 1703 This accõn fr was Coⁿtinued, and Soe itt
      was Continued from Court to Court untill this p^rsent^^Courtto witt this 28^th Daÿ of
      7ber an^o 1703 Comes y^e S^d plfs bÿ S^d att^rÿ, and y^e S^d Def^t not appearing
      neither himself nor his att^rÿ but makes Default And thereupon Judg^t
      is Granted ~~
          It is therefore Considered bÿ y^e Court here this Daÿ & year afs^d that y^e
      pltfs recover ag^t y^e S^d Def^t as well y^e Sum^e of 1626^ls of tob^o y^e Debt afs^d
      as y^e Sum^e of two hundred Sixtÿ & nine pounds of tob^o Cost of Suit & y^e Def^t
      in mercÿ &c^a                                                                   GLumleÿ Clk

William Deacker	\| William Deacker who brought her majesties Writt ~~of Caps~~
a^t	\| (ang^t Sam^ll Sheffield of Kent Countÿ ) of a plea of trespass
~~Andrew Toñard~~	\| upon y^e Case ; hath not prosecuted his S^d writt neither filed
Sam^ll Sheiffield	\| anÿ Declⁿ wherebÿ to make appear his Cause of accõn –

      Therefore It is Considered y^t y^e S^d ~~James Williams~~ William Deaker take
      nothing for his writt afs^d but be in mercÿ &c^a & y^e S^d Sam^ll Sheffield goe
      thereof w^thout Daÿ &c^a It is likewise Considered y^t y^e S^d Sam^ll Sheffield
      recover ag^t y^e S^d William Deacker his Damages bÿ occasion of y^e p^rmisses
      viz fiftÿ pds of tob^o for a non Suit & one hundred Eightÿ & five pds
      being his Charges Sustained & Expended according to y^e form of y^e Statute
      &c^a bÿ y^e Court here adjudged &c^a                                               GLumleÿ Clk

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Kent County Court, Proceedings, 1701-1705

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