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129 March Court 1716 Parish in Kent County afd within the Jurisdiciõn of this Court by his certain Bill obligatory which the Said Swain Sealed with his Seale and as his deed delivered here in Court brought ye date whereof is the Same day . & year afd bound himselfe to pay to be paid unto ye afd Samuel the afd Twelve hundred thirty and four pounds of good Sound clean— Marchantable leafe Tobacco in Caske to Contain ye Same of the afd — value of five pounds and three Shillings Sterling money when there[un] :to demanded Yet the afd Swain the afd twelve hundred thirty & four pounds of Tobacco to the afd Samuel altho’ on the first day of Janry in ye Year afd he was at ye Parish in ye County and Jurisdiciõn afd - thereto demanded hath not rendered but that to render the Said — Swain hitherto hath denied and yet denys & unjustly detains to ye damage of the Said Samuel Tenn pounds Sterling money and thereupon he brings Sute &ca. TBowne pr Querr pds &ca John Doe Rd & Roe— And the Said Deft being called came and the Said Plt by his afd attorney Prays that the Said Deft~ might give Special baile to . the afd Accõn which is granted : after which M.r John March of Said County comes into Court and acknowledges himself as Special baile in the above Accõn and doth undertake for the Said Deft the payment of the Debt afd and Cost— thereon accruing if in case the afd Plt Shall obtain Judgment~ against the Said Deft~ in the Said Accõn of Debt and the Deft~ the Condemnation afd Shall not Satisfie nor himselfe to the Custody of the Sherf of Said County deliver or that the afd Mr John March the body of the Said Deft~ Shall not render &ca —— after which the Said Deft~ in his proper person appears to Said Accõn and Saith that he Cannot gainsay the Accõn afd of him the Said Plt~. nor but that the writing obligatory above mentioned is his Act and deed and that he oweth unto the Said Plt as above mentioned and is willing that Judgment Shold be entred for the — Same and Cost accruing= Therefore it is Considered by the Court~ here vizt. this Twenty Second day of March Anno Domini one Thousand Seven hundred and Sixteen That the afd Plt Samuel. Philips do recover against the Said Deft~ Swain Swainson as — well the afd Sume of Twelve hundred and thirty four pounds of Tobacco Debt as also the Sume of Three hundred and five pounds of Tobacco Cost by the afd Plt. abt his Suite in this behalf Expended and by the Court here of- his assent adjudged & the Sd Deft in mercy Jams Smith Clk |
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Kent County Court, Proceedings, 1716-1718
| Volume 767, Page 129 View pdf image |
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