Archives of Maryland, Volume 0740, Page 0478 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

      And y^e Said Def^t app^rd bÿ Michael Earle his att^rÿ and praÿed leave leave to Imp^rle untill nex^t
      Court w^ch was Granted him y^e Same Daÿ was Given y^e plt^f allsoe att w^ch S^d next Court
      being this 27^th Daÿ of March anno Dñi 1705 when comes y^e S^d partÿes and y^e S^d Def^t
      bÿ att^ry. afs^d Comes and Defends y^e force &c^a and Saÿeth as falloweth (in answer to y^e Declaⁿ
      afs^d —

The Ex^rs of Pond^r.	\| And y^e Said Def^t bÿ Michael Earle his att^rÿ comes & Defends y^e force & Injurÿ &c^a
a^t	\| and Saith for y^e manifold uncertaintÿes and Insufficienceyes in y^e pltf^s Decloⁿ
Richard Jagoe	\| and y^e matter therein Contained he y^e S^d Def^t is not bound nor bÿ y^e Law of
	\| the Land is his oblieged to answer thereunto all which he y^e S^d Def^t is readÿ to
reasons in Dem^r.	aver therefore for want of a good Decloⁿ of him y^e Said plt^fs & Sufficient —
	matt^r. therein Contained he y^e S^d Def^t prays Judg^t &c^a
first rason -	The pltf in y^e titular part of his Decloⁿ Saith y^t Richard Jagoe otherwise Called
	Richard Jagoe of Kent Countÿ in y^e Province of Marÿland Planters are
	attached to answer &c^a is Incoherent and p^rposterous, and noe p^rp^r no^r formall method of Declarence
Second reason	The pltf alledgeth y^t y^e S^d Def^t was attached to answer &c^a whereas y^e rule of
	Declareing in all actions under hand & Seale into alledge and Sett forth y^t y^e Def^t or
	Defts was Sumoned to answ^r. unto the pltf or pltfs of a plea y^t She he or theÿ rend^r. &c^a
third reason	The pltf in S^d Declaⁿ Setts forth y^t y^e S^d Def^t bÿ his Certaine writeing und^r. ~~and~~ his hand and
	Seale and here in Court brought had Granted himselfe to paÿ &c^a but not alledge y^t y^e —
	Same writeing was obligatorÿ or y^t is was Sealed w^th his Seale & as his act and Deed
	Delivered &c^a y^e want of which makes it of noe force nor vertue y^t being the
	Essentiall act y^t Gives Life and vigor to all Instrum^ts und^r. hand and Seale The
	omission of which rend^rs. y^e Declaⁿ as lame and Imp^rfect as y^e want of Sealeing y^e
	Delivering Doth y^e obligation:——

fourth reason	The pltf in S^d Decloⁿ Stiles herselfe widdow & relict & Ex^Ex in y^e Inductive part of
	her Declaⁿ but afterwards comes on and Saith y^t in her afs^d Capacitie She Complaines
	&c^a but which of y^e three y^e Def^t knoweth not, nor upon which She wo’ld have y^e
	Claimed Judg^t to Defend or whether She would have Judg^t for Everÿ of y^e three
	Capcitÿes which is an unreasonable method of Declareing &c^a
ffifth reason	The pltf in y^e Conclusive p^t of her Declaⁿ Saith She y^e worse is & Damãge hath to-
	y^e vallue of 8000^ls of tob^o whereas y^e Damãge onelÿ redoands to y^e to y^e Testato^rs’ Estate
	in her hands and Soe ought to have been alledged; an Ex^Ex being onelÿ a trustÿ in y^e Law &c^a.
	for which reasons y^e S^d Def^t praÿs Judg^t as afs^d
	Earle p^r Defte

      Which Declaⁿ plea and ~~Def~~ Dem^ru^r being bÿ y^e Court heard and fullÿ understood w^ch
      manÿ other pleadings and allegations on both Sides It is bÿ y^m Considered y^t y^e Said —
      pltf his Decloⁿ afsd Stands good, and y^t he y^e S^d have Judg^t ag^t y^e S^d Def^t fo^r &c^a

        Therefore It is Considered herebÿ y^e Justices this 27^th Daÿ of March –
                                             in her afsd Capacitie
      anno Dñi 1705 y^t y^e S^d pltf, recov^r ag^t y^e S^d Def^t as well y^e Sum^e of four thousand
      pounds of tob^o quallifÿed as afs^d as y^e Sum^e of
      pounds of tobacco Cost of Suit and y^e Def^t in mercÿ &c^a
      And the Said Def^t praÿs y^t y^e S^d Judg^t maÿ be w^th Staÿ of Execution untill
      after y^e 10^th Daÿ of 8ber next and Granted unto him &c^a

Please view image to verify text. To report an error, please contact us.
Kent County Court, Proceedings, 1701-1705

Volume 740, Page 478 View pdf image

<< PREVIOUS NEXT >>

This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

Archives' Home Page
   |
Maryland Manual On-Line
   |
Reference & Research
   |

Search the Archives
   |
Students & Teachers
   |
Archives of Maryland Online

Governor     General Assembly    Judiciary     Maryland.Gov

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.