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November Court 1718 173 :tion of all and Singular the Goods and Chattells Rights & Creditts which— were of the Said Edward at the time of his death hath been Lawfully —— Committed hath not paid nor caused to be paid but that to pay to the Said Edward in his life time and to the Said John after the death of the Said Edward hitherto hath refused and Still doth refuse by which Action hath— accrued unto the Same John by vertue of the administration afd to recover and have from the afd Thomas the Sum of thirty pounds of like money as afd according to the tenor and Effect of the Said bill obligatory Nevertheless the afd Thomas altho’ often required the afd Sum of thirty pounds as afd to the Said John as Admr. afd Yet to render doth deny and unjustly detain to the damage of the Said Plt five pounds as afd and in delay of the Admi: :nistration of him the Said John as afd and thereupon he brings Sute &ca. and brings hereinto Court the Letters of Administration which Testify &ca. Macbride pr Quer Plds Jno Doe & Rd Roe— and now at the Said Court the afd Deft being called came and the afd Plt by his afd attry prays that the afd Deft may give Special bail 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 bail as afd After which the afd Deft hath rule given to plead to the afd Accõn in Twenty four hours otherwise Judgment to be rendered for want of the Same but the afd Deft comes into Court and Saith that he cannot gainsay the accõn afd of the afd Plt nor but that the writing obligatory above mentioned is his act and deed and that he oweth unto the afd Plt the Sume above mentioned and is willing that Judgment Should be entred for the abovesd Sume of Thirty pounds Currant money and the Cost thereon accruing : Therefore it is — Considered by the Court here vizt. this Twenty first day of March Anno Domi one Thousand Seven hundred and Eighteen That the afd John Woodall— Administrator of the afd Edward Pleastor decd do recover against the Said Thomas Garnett as well the afd Sume of Thirty pounds Currant money debt as also the Sume of four hundred thirty two pounds of Tobo Cost. by the afd Plt about his Sute in this behalfe Expended and by the Court here of his assent. adjudged and the Said Deft in mercy &ca. The afd Plt. by his afd attry Saith that the afd Deft having had his tryall in the Custody of the Sherf of Said County Prays that he may be Committed in Execution ordered by the Court here that the Sherf of Said County keep the afd Thomas Garnett in Safe Custody and there to remain under Execution un: :till the debt and Cost he Shall Satisfie After which the afd Plt John Woodall Admr. as afd comes into Court and Acknowledges that he hath Recd of the afd Deft full Satisfaccon of the debt in the Judgment afd as also the Cost in the Same—— Jams Smith Clk —— |
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Kent County Court, Proceedings, 1718-1720
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