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Kent County Court, Proceedings, 1716-1718
Volume 767, Page 98   View pdf image
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                                         Novembr Cort 1716                                       98  
   Court untill this present Court and now at this Court the Same accõn Stand:
   ing for tryall Came the afd Plt~ by his afd attry and the afd Deft~ by his
   afd attry   And   files his plea which folls vizt—    And the afd John Moore
   by James Earle his attry comes and defends ye force and injury when
   &ca. And by Protestation not Confessing or allowing but denying the
   Credit given by the afd Plt~ to him this deft~ for plea Saith that as to
   ye first assumption laid in ye Decln afd of ye afd Plt true it is that he
   this deft was at the time laid in ye Decln afd of ye afd Plt~ as to ye
   Same assumption Justly indebted to the Said Plt~ in the Sume of one
   Thousand Eight hundred pounds of Tobacco but that Since he this Deft
   hath paid and Satisfied him the Said Plt~ ye Sume of three Thousand —
   four hundred twenty & three pounds of Tobacco (to wit at St Pauls Parish
   in K.t County afd and within the Jurisdiciõn of this Court the first day of
   June One Thousand Seven hundred and fifteen as by a particular Accot
   thereof hereto annexed may more plainly and at large appeare which
   Sume he prays may be allowed & discounted according to an Act of
   assembly of this Province in Such Cases made and Provided and as to
   the Second third & fourth assumptions laid in the afd Decln of ye afd
   Plt he this Deft~ Says he did not assume in that manner & forme
   as he ye Said Plt above in his Decln agst. this Deft hath imposed and
   thereof he puts himself upon the Country &ca. James Earle pr Deft
   Mr. John Faning Dr. March 1714 To Tobo. pd you by Simon Wilmer 48lb Tobo
   To Do Paid you by Majr Wm Pott 684lb tob.o To weaving 53½ yds Cloath at
   6d pr yd . 321lb Tobo To Tobo pd yo pr Mr. Wm Frisby    470lb Tobo To 1 barrell
   Indian Corn pr Daniel Dellauntee 100 Tobo   £ Tobo. 1623. Errors
    Excepted pr me   Jno Moore
     And the Said Plt Saith that the afd Deft the Discount afd of the
   afd Three Thousand four hundred twenty & three pounds of Tobacco out
   of the afd first assumption above mentioned to have ought not—
   because he the Said Plt~ Saith the Said Deft did not pay the Said
   three Thousand four hundred twenty and three pounds of Tobacco —
   in manner and forme as ye afd Deft above in pleading hath alleadged
   and this he prays may be enquired of by ye Country TBowne pr qr —
     And the Deft~ Likewise Ja Earle pr Deft~ ———
   Command was therefore given to the Sherf of Kent County that he
   immediately cause to Come here twelve &ca. — by whome &ca To
   Recognize &ca. who neither &ca. Because as well &ca. And the Sherf
   comes and makes return of his precept and Saith that he hath here
                                                                                                     ready —



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Kent County Court, Proceedings, 1716-1718
Volume 767, Page 98   View pdf image
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