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112 August Court 1718 of Assembly in Such Case made was as folls. vizt. Kent County Ss William Burroes of Kent County Planter alis Dics Wm Burroes of Kent Co.ty Planter was Summoned to answer unto Bennet Lowe of a plea that he render him the full and just Summe of Six hundred pounds of good Tobacco Clear from Trash ground Leaves & Small . Dull Tobacco with Cask to contain the Same of the value of Six pounds Sterling money which from him he unjustly detains &ca. And Whereupon the afd Plt. by Thomas Bowne his attry Saith that Whereas the afd Deft the Twenty - Seventh day of August in the year of our Lord Christ one Thousand Seven hundred and Seventeen at St pauls parish in Kent County within the Jurisdiciõn of this Court by his Certain bill Obligatory which he the Said Deft Sealed with his Seale and as his deed delivered hereinto Court brought the date whereof is the Same day and year afd bound himselfe to pay unto the afd Plt. the afd full and just Summe of Six hundred pounds of good Tobacco clear from trash ground Leaves & Small Dull Tobacco with Cask to Contain the Same of the afd value of Six pounds Sterling money when thereunto required yet the afd Deft altho’ often required the afd Sume of Six hundred pounds of Tobacco to the Said plt hath not paid but that to him to render or pay hitherto hath denied and Still doth deny and unjustly detain to the Damage of him the Said plt. Twelve pounds Sterling money and thereupon he brings Sute &ca Jno Doe TBowne pr Quer plds & Rd Roe and the afd Plt by Thomas Bowne his attry Saith that the plt is not an—— Inhabitant of this County prays that he may be taken as Surety for Cost which is granted and The afd Thomas Bowne comes into Court and Saith that if the afd Deft Shall appeare to the above Accõn and the Plt. Should be Cast in the Same that then he will pay the Same Deft all Cost accruing on the Same if the Plt pay it not himselfe And the afd Deft being called came and the Said Plt. by his afd Attry prays that the Said Deft may give Special baile to the afd Accõn which is granted After which John Ellis of Said County here in Court cometh and Acknowledges himselfe as Special baile in the afd Accõn and doth undertake for the afd Deft the payment of the debt afd & Cost thereon Accruing if the Same Deft Shall be Cast in the Same And the Condemnation Shall not Satisfie nor himselfe to the Custody to the Sherf of Said County deliver or that the afd John Ellis the body of the afd Deft Shall not render &ca. and the afd Deft. in his proper person appears to the above 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 & Deed and that he oweth unto the Said Plt. the afd Sume of Six hundred pounds of Tobacco the Debt afd and is willing that Judgment Should be Entered for the Same & Cost thereon accruing Therefore it is Considered by the Court here vizt. this Twenty first day of August Annoq Domini One Thousand Seven hundred and Eighteen That the afd Plt Bennett Lowe do Recover against the Said Deft William Burroes as. |
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Kent County Court, Proceedings, 1718-1720
| Volume 833, Page 112 View pdf image |
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