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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 64   View pdf image
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        And Whereupon the Said Wm. Whitehead by Richard Macklin his
        Attry Sayth that whereas the Said Enock Smith the Eleventh day of
        June Anno Dom 1701 At Kent County within the Jurisdiction
        of this Court by his certaine bill or writing Obligatory Sealed
        With his Seale as his Act and deed delivered And hereinto Cort
        brought whose date is the Same day and year did bind him ~
        Self his heires Exrs. Admrs. or Assignes to pay or Cause to be paid
        unto the Said Wm. Whitehead his heires or Assignes the afd
        Sume of 1300lb. tobacco qualifyed As afd. At or upon the
        tenth day of October next Ensuing the date of the said bill
        or Writing Obligatory Yet Nevertheless the Said Enoch
        Smith ye. afd Sume of 1300lb tobo. According to the tenr. of
        the Same bill or writing Obligatory unto the Said Wm.
        Whitehead hath not paid but the Same to pay hath
        denyed refused and Still doth deny and refuse and Unjustly detaine
        to the Damage of the Said Wm. Whitehead 2600lb of tobo.
        And thereupon he brings this Suit    Macklin pr qr. pleg &ca. Jno. Doe
        R: Roe:       And the decln in this Accon having been Sent
        & Served with the writt in order for Tryall this Cort & It
        being Contd. from March to Aprill According to Act of Assem
        :bly. The Defendt. by Michaell Earle his Attry Comes and defends
        the force and Injury when &ca. And Sayth that there is A
        Manifest Variance between the obligation and the decln
        which Setts forth said Obligation    All which he the
        Said defendt. is ready to Averr and prays Judgt. if Acconed [?]
                And the plaintf. for replication Says there is no variance
        between the obligation and declaration~
                Which being by the Justices heard and understood it
        Is    by them Considered This Seventh day of Aprill Anno Domi 1702
        that the Said Wm. Whitehead take nothing by his writ afd
        but be in Mercy for his false Clamour And that the
        Said Enock Smith go thereof without day And it is likewise
        Considered by the sd. Court ye. Same day and year that the Sd. Wm
        Enoch Smith recover against the Said Wm. Whitehead
        the Sume of One hundred and fifty Eight ————— pounds
        of tobacco by the Court Adjudged him for his Costs and
        Charges in this behalf laid out and Expended ~ ~
~~~~~~~~~~~~~~~



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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 64   View pdf image
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