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184 November Court 1718 Maurice and the afd William after the deaths of the afd Maurice and Sarah altho’ often required the afd Sume of twenty four Thousand two hundred twenty pounds of Tobacco to the Said Plt they nor any of them have not paid but that to him hitherto to render or pay hath denyed and that the Said Deft to the Said Plt to pay Yet doth deny and unjustly detain to the damage of him the Said Plt Ninety Nine pounds Sterling money and thereupon he brings Sute &ca. Mich Howard pro Querr Plds Jno Doe & Rd Roe— and the afd Plt. being not an Inhabitant of this County prays that Surety for Cost may be put in which was granted After which Thomas Bowne of Said County comes into Court and Acknowledges himselfe as Securety for the afd Plt and doth undertake the Payment of the Defts Cost if the Sd Deft Shall appear to the Same and the Plt Should be Cast in the Same and the afd Deft by Thomas Bowne his attorney comes and defends the force and injury &ca And Saveing to himselfe all and all manner of advantages and exceptions as well to the writ afd as to the Declaration of the afd Plt prays liberty thereof to imparle thereto and to answer at next Court which was granted the Same day was given the Plt in like manner Att which Said next Court viz the nineteenth day of August the Same year last mentioned the Same cause was Continued untill the then next Court Att which Said next Court vizt. this twenty first day of November the Same Year last mentioned came the afd Plt. by his afd attry and the afd Deft by his afd attry Pleads as folls viz . . and the afd Deft by Thomas Bowne his attorney comes and defends the force and injury when &ca. And Saith that the afd Plt his action afd against him the Said Deft to have or maintaine — ought not because he Saith that he hath fully administred all the goods & Chattells which were of the afd Davis the Intestate at the time of his death & that he the Said Deft hath not goods nor Chattells which were of the afd Intestate at the time of his death in his hands to be administred nor had the Said Deft any goods or Chatteles of the Said Intestate on the day of the Impetra: :tion of the original writ of the afd Plt writ of the afd Plt nor ever after and this he is ready to verify wherefore he prays Judgment if the afd Deft his — Accõn afd against the Said Deft to have and maintain ought &ca. TBowne pr Deft and the afd Mathias Vanderheyden for that the afd Wm Frisby by his plea afd doth not deny but that the bond afd lately hereinto Court brought is the deed of the afd Davis the Intestate nor but that the Debt afd in the afd Bond Specified is a Just and true debt as yet unpaid and no ways Satisfied or Exonerated and for that the afd Mathias Vanderheyden cannot deny but that the Said Deft Wm. hath not nor at the day of the Impetration of the original writ of the Same Plt norever after nor heretofore had not any of the goods or Chattells which were of the afd Intestate at the time of his death in his hands to be administred may Judgment for his Debt afd by him above demanded of the goods and Chattells which were of the afd Intestate at the time of his death and which to the hands of ye afd Wm. hereafter Shall come to be administred M:Howard attry pr Quer— There: |
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Kent County Court, Proceedings, 1718-1720
| Volume 833, Page 184 View pdf image |
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