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June Court 1714 Thousand four hundred pounds of Tobacco and thereof he brings Suite &ca. Bowne pr Querr Plegs of pro. John Doe & Richard Roe . . Anno 1706 Mrs. Mary Pope Dr. to TMacnemara To my fee ats Branis [?] 400 Anno 1707 To yor. Promise to pay ye following fees for your Sonn Thomas Howell viz to my fee ats John Wilson 400 To my fee ats Regina [?] 400 To Ditto ats Trent 400 To Ditto in Chancery ats Falconer 800 To my fee in two Accõns ats Harwood 800 Totall 3200. Errors Excepted pr Tho Macnemara March ye 10.th 1712 Thomas Macnemara maketh Oath on the holy Evangilists that the above Account is just & true and that he . Recd noe part or parcell thereof and that Mrs. Mary Pope promised to pay him~ ye fees due from her Sonn - Tho Smyth~ And now here at the Same Court ye Same day Last mentioned viz ye Second day of March~ Anno Dom one Thousand Seven hundred & thirteen) Came the Said David Young by - Francis Cooke his attorney and appeared to ye above Accõn and files his plea to ye . above Accõn which followeth vizt and the afd Deft pr Francis Cooke his attry Comes and Defends ye force and - Injury when &ca. and Says that ye afd Thomas his Accõn afd against him ought— not to have because he Saith that he is noe Executor of ye Last will & — Testament of ye afd Mary Pope in ye Plts Declaration menconed nor any other goods or Chattells that were of ye Said Mary Popes at ye time of her Death nor at any other time as Executor of ye Testament of ye afd Mary Pope did Ever Administer and of this he puts himselfe on ye Country Fran Cooke pr Defend and the afd Plt. Saith that ye afd Plea of ye afd Deft in manner & forme above . Pleaded & ye matt.r in ye Same Contained is not Sufficient in Law to cause ye Same . plt to be barred from having and maintaining his Accõn above against him ye Said Deft. and that he to that Plea in Manner & forme above Pleaded hath not necessity nor by the Laws of this Land is obliged to make Reply And for cause of Demurrer According to ye Statute Shews that the Said Deft hath Concluded his Said Plea~ upon ye Country whereas by Law it ought not which ye Said Plt is ready to — verefye wherefore for want of a Sufficient Plea of ye Said Deft in this Behalfe ye Said Plt Prays Judgment and his Damages above in his Declaracõn Sett. forth &ca. TBowne and ye afd Deft for that in his afd Plea alleadged Sufficient matter to barr ye afd Plt from haveing his afd Accõn against him as to ye Conclusion of his afd plea on the Country which he is ready to verefye which Said Matter he the Said Plt. doth not Deney nor in any manner answer unto it but doth altogether refuse |
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Kent County Court, Proceedings, 1714-1716
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