Archives of Maryland, Volume 0740, Page 0445 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

November Court 1704

William fford	\|
a^t	\| Comãnd was Given to y^e Sher^f of Kent Countÿ on y^e 28^th Daÿ of ~~aug^t~~
John ffisher	\| novb^r. anno Dñi 1704 to take John ffisher of Tallbott Countÿ —
	\| Planter if to be found in his bailewicke and him Safe Soe y^t he
	maÿ have his bodÿ before y^e Justices of Kent Countÿ Court (now
	Sitting ) Imediatelÿ to answer unto William fford of Kent Countÿ
	Plant^r of a plea of trespass upon y^e Case —

     Of which S^d writt y^e S^d Sher^f makes retⁿ Imediatelÿ, Endorsed in these words viz^t
      Cepi Corpus p^r me    —         —       — John Hawkins Sherff
          Whereupon y^e S^d Def^t appears, and bÿ Christopher Phillipson his att^rÿ
     and praÿs this Court fo^r Trÿall. he being a person liveing a great Distance off ~
     which being bÿ y^e Court heard, and y^e plt^f being Caled, it is agreed | ~~bÿ Charles~~
     w^ch of y^e Court ) y^t y^e plt^f att^rÿ files his Declaⁿ Imediatelÿ, wherebÿ he maÿ
     make appear his Cause of accõn, w^ch he Doth in these words fallowing viz^t
   Kent Countÿ-}Ss)
    in Marÿland } John ffisher of Tallbott Countÿ in S^d Province Planter Stands attached to answ^r
                           unto William fford of Kent Countÿ afs^d Planter of a plea of trespass upon y^e Case
    And whereupon y^e S^d William bÿ Michael Earle his Att^rÿ Complaines y^t whereas y^e S^d W^m.
    on y^e 10^th Daÿ of March ann^o Dñi 1701 in S^d Countÿ w^thin y^e Jursidiction of this Court was —
    poscessed of one Dark baÿ horse w^th a mealÿ nose a Slitt in his left Eare and Divers
    Graÿ haires in his Maine &c^a being of his one p^rp^r goods w^ch S^d horse he y^e S^d W^m.
    out of his Custodÿ & poscession Casuallÿ lost, and afterwards to witt on y^e 15^th Daÿ of
    September anno Dñi 1703 bÿ finding Came into y^e hands and poscession of him y^e S^d Jn^o
    yett nev^rtheless y^e S^d John – not being Ignorant of y^e p^rmisses y^e afs^d horse unto y^e
    S^d William he hath refused to Deliver allthough to Doe y^e Same att Chester river
    in S^d Countÿ of Kent w^thin y^e Jurisdiction of this Court on y^e 15^th Daÿ of 9ber an^o
    Dñi 1704 he y^e S^d John was required to Doe y^e Same bÿ y^e S^d William but y^e
    Same to Doe y^e S^d John hath Denÿed and refused and Still Doth Denÿ and refuse
    and unjustlÿ Detaine to y^e Damãge of y^e S^d William 30000^ls of tob^o and thereupon
    he brings this Suite            Earle p^r q^r Pledges &c^a John Doe Richard Roe
                Not Guiltÿ p^r patria^m Phillipson p^r Def^ts }
                    and y^e plt^f in Like mañer Earle p^r q^r ~}
                                                   Issue Joÿned ——    —
     Whereupon Comãnd is Given to y^e Sher^f of Kent Countÿ y^t he Imediatelÿ Cause to
     Come here twelve &c^a bÿ whom &c^a who neither &c^a to recognize because as
     well &c^a and y^e S^d Sher^f makes retⁿ of his S^d p^rcept and Saÿeth y^t he hath here readÿ
     twelve &c^a as bÿ his S^d p^rcept he was Comãnded |to witt) Thomas Wÿatt. William Whitehead
     Thomas Brooff: Peter Green Steaphen Rich William Austine William Sigleÿ
     William Price. Thomas Rooth Robert Parkes Natthaniel Cleave Edward
     Carroll who being Duelÿ Ellected Trÿed and Sworn to Saÿ y^e truth in y^e p^rmisses
     Doe Saÿ upon their oathes we of y^e Jurÿ find fo^r y^e Defend^t in Damages
     fiftÿ pounds of tobacco w^th his Cost of Suit
           Which being bÿ y^e Court heard and fullÿ understood It is bÿ y^e Justices here
      Considered this 28^th Daÿ of 9ber anno Dñi 1704 y^t y^e S^d William fford take nothing
      bÿ his writt afs^d butt be in mercÿ for his false Clamõur, and as to y^e writt
      afs^d y^t y^e S^d Def^t goe thereof w^thout Daÿ    —       Ite—

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Kent County Court, Proceedings, 1701-1705

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