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295 March Court 1717 thereof in these words thereon Endorsed as folls vizt Cepi Corpus pr SWilmer She[rf] And A Declaration being filed when Said writ Issued forth and Copy — thereof Served therewith According to Act of Assembly in Such Case made was as folls vizt Kent County Sst. William Sell of Kent County Planter Alis. Dics. William Sill of Steelpone in Kent County in the Province of Maryland Planter was Summoned to Answer unto John Williams of a Plea that he render to him the full and Just Sum or Quantity of four thousand four hundred pounds of good Sound Merchantable Leaf Tobacco clear of Ground leaves & trash in good and lawfull Seasoned Cask of the value of Twenty two pounds Sterling money which he unjustly detains &ca And whereupon the aforesd John by Thomas Bowne his Attorney Say’th that whereas the aforesd Deft. the twelth day of August Anno Domini Seventeen hundred and Seventeen at St. Pauls Parish in Kent County aforesd. within the Jurisdiction of this Court by his Certain Writing Obligatory which the Sd Deft. Sealed with his Seal and as his Deed delivered hereinto Court brought the date whereof is the Same day and year aforesd. Granted himself holden and firmly bounded to the aforesd Pltf. in the aforesd full and Just Sum or quantity of four thousand four hundred pounds of good Sound Merchantable leaf tobacco clear of ground leaves and trash in good and Lawfull Seasoned Cask of the afsd. value of- twenty two pounds Sterling money to be paid to ye Sd Pltf. Convenient in ye afsd. County at or upon the tenth day of 8ber. next ensueing the date of the Said writing Obligatory yet the aforesd Deft. altho’ often required the aforesd. four thousand four hundred pounds of tobacco to the Sd Pltf hath not rendred or paid but to render the Sd Deft. hitherto hath denyed and Still deny’s and unjustly detains to the damage of the Sd Pltf. thirty pounds Sterling money and thereupon he brings Sute &ca Jno Doe TBowne pr Querr. plds & Richd Roe And the afd Deft being called came And the afd Plt by his Attry afd prayd that the Said Deft might give Special baile to the afd Accõn- which was granted After which came into Court William Elliott of Said County and Acknow: :ledged himselfe as Special baile in the afd Accon and doth undertake the payment of the Debt afd and Cost thereon Accruing if in Case the afd Plt Should obtain 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 William Elliott the body of the afd Deft~ Shall not render &ca. And the Said Deft. by John Johnson his attorney appears to the above Accõn: And this Court gives rule to the afd Deft~ to plead to the afd Accõn by Thursday morning being the Twentieth day of this Instant march otherwise Judgment to be rendered for want of the Same And now at this day the rule afd being out and no plea Putt in whereby the afd Plt may Still~ remain against the Said Deft without defence Therefore it is Considered by the Court here vizt. this Twentieth day of March Annoque Domini one Thousand Seven hundred and Seventeen That the afd Plt John Williams do Recover against the Said Deft~ William Sell as well the afd Sume of four Thousand four hundred pounds of Tobacco Debt afd as also- the Sume of four hundred and thirteen pounds of Tobacco Cost by the afd Plt. about his Suite in this behalfe Expended and by the Court here- |
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Kent County Court, Proceedings, 1716-1718
| Volume 767, Page 295 View pdf image |
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