Volume 767, Page 287 View pdf image |
287 November Court 1717 house in the Town of Chester in Said County to Answer unto Thomas Bowne of Kent County Gent of a plea that he render him the full & just Sume of Eight Hundred pounds of good Sound Merchantable leafe Tobacco clear of all manner of Trash and Ground Leaves wth. cask to Contain the Same of the price and value of ffour pounds Sterling wch from him he unjustly detains &ca. and that he have there the writ afd . . Att which Sd Court the day afd Came Simon Wilmer Gent high Sherf of Said County and made return thereof in these words thereon endorsed as folls vizt. Cepi Corpus pr SWilmer She[r] And the afd Deft being called came and the afd Plt by John Johnson his attry prays the Said Deft may give Special baile to the afd Accõn which is granted and that he be kept in Safe Custody by the Sherf of Said County untill he Shall give Special baile as afd . . After which George Hastins of Said County . here in Court came and acknowledges himselfe as Special baile in the afd Accõn~ and doth undertake the payment of the debt afd and Cost thereon accruing if. the afd Plt Shall obtaine Judgment against the Said Deft in the Said Accon of debt and the Said Deft the Condemnation afd Shall not Satisfie nor himselfe to the Custody of the Sherf of Said County deliver or that the afd George Hastins the body of the afd Thomas Hattenpenny Shall not render &ca. The Declaration folls vizt. Maryland Kent County Ss Thomas Hattenpenny of~ Kent County Planter alis Dics Thomas Hattenpenny of Talbot County Sawyer was Summoned to answer unto Thomas Bowne of Kent County Gent of a plea that he render him the full & just Sume of Eight Hundred pounds of good Sound Merchantable leave Tobacco clear of all manner of Trash and Ground Leaves wch. from him he ujustly detains &ca And whereupon the afd Plt by John Johnson his attry Saith that whereas the afd Deft~ by John Johnson his attry Saith that whereas the afd Deft~ the Sixth day of February in the Year of our Lord Christ one Thousand Seven hundred & Sixteen at St. Pauls Parish in Kent County within the Jurisdicion of this Court by his certain Bill obligatory which he the Sd. Deft Sealed with he Seale and as his deed Delivered hereinto Court brought the date whereof is the Same day & Year afd bound himselfe to pay or Cause to be paid unto the afd Plt~ the afd full & Just Sume of Eight hundred pounds of good Sound Merchantable Leafe Tobacco clear of all Manner of Trash & Ground leaves with Cask to Contain the Same Convenient at then dwelling Plantation of the Sd Deft~ in Talbott County on or before the tenth day of October next Ensuing the date of the Said bill Obligatory Yet ye afd Deft~ altho’ often required ye afd Sume of Eight hundred pounds of~ Tobacco to the Said Plt hath not paid but that to him to render or pay hitherto hath deny’d & Still doth deny to the Damage of him the Said Plt~ Sixteen hundred pounds of Tobacco. And thereupon he brings Sute &ca. Johnson pr:qr: plds Jno Doe & Rd Roe And the afd Plt by his attry afd prays that the Said Deft to his decln afd may answer and the afd Deft in his proper person apprd to ye afd 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 owes the afd Sume of Eight hundred pounds of Tobo. and is willing that Judgment Should be entered for the Same and Cost accruing: Therefore it is Considered by the Court here that is Say This Twenty third day of November Annoque Domini One Thousand Seven hundred and . Seventeen That the afd Plt Thomas Bowne Recover against~ the Said Deft~. Thomas Hattenpenny as well the afd Sume of Eight hundred pounds of~ Tobacco the Debt afd as also the Sume of Two hundred Eighty one pounds of Tobacco Cost by the afd Plt about his Suite in this behalfe Expended and by - the Court here of his assent adjudged and the Said Deft in mercy &ca- Court adjourns to Court in Course |
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Volume 767, Page 287 View pdf image |
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