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November Court 1718 191 return thereof in these words thereon endorsed as folls vizt Cepi Corpus pr Simon Wilmer Sherf and the afd Plt. by John Johnson his attry Saith that the Plt is a person that doth not live in this County prays that he may have liberty to put — Securety for Cost in the Said Accõn which was granted After which Thomas Bowne of Said County here in Court cometh and acknowledged himself as Securty for the Said Plt and doth undertake to pay all Costs as Shall be expended in the Said Accõn by the Said Deft if the Same Deft Shall appear to the Same and Non Sute the Plt in the Said Accõn if the Said Plt Shall not pay it himselfe and the afd Deft by Thomas Bowne his attorney appeared to the afd Accõn and prayd 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 vizt. the Eighteenth day of November the Same Year last mentioned the afd cause Standing for tryall came the afd Plt by John Johnson his attry and the Said Deft by his afd attry and the afd Plt. by his Said Attry declare as folls vizt Kent County Ss Nathaniell — Pearce of Kent County Planter als Dics Nathaniell Pearce of Kent County Planter was Summoned to answer unto John Ward of a plea that he render him the full and just Sum of Nine Thousand pounds of good Sound Merchant: :able Leafe Tobacco and Cask of the value of Fforty five pounds Sterling money which from him he unjustly detains &ca. and Whereupon the afd Plt by John Johnson his attorney Saith - that Whereas the afd Deft the thirtieth day of October in the year of our Lord Christ One Thousand Seven hundred and Sixteen at S.t Pauls Parish in Kent County within the Jurisdiciõn of this Court by his Certain writeing 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 granted — himselfe holden and firmly bound unto the afd Plt in the afd full and just Sume of Nine Thousand pounds of good Sound Merchantable Leafe Tobacco and Cask of the afd value of Fforty five pounds Sterling money to be paid unto the Said Plt at the then dwelling Plantation of the Said Deft when thereunto required Yet the afd Deft altho’ often required the afd Nine Thousand pounds of Tobacco to the Said Plt hath not paid but that to him to render of pay — hitherto hath denyed and Still doth Deny & Unjustly detain to the damage of him the Said Plt ninety pounds Sterling money and thereupon he brings Sute &ca. John Johnson pr Querr plds Jno Doe & Richd Roe— and the afd Plt. by his afd attry prays that the afd Deft to his afd Decln may answer Rule is given to the afd Deft to plead to the afd Accon in two hours otherwise Judgment to be rendered for want of a plea The time afd being out for the filing a plea And no plea being put in whereby the afd Plt may ~ remain against the Said Deft without defence Therefore it is Considered by the Court here vizt. this twenty first day of November Annoq Domini— one Thousand Seven hundred and Eighteen That the afd Plt John— Ward |
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Kent County Court, Proceedings, 1718-1720
| Volume 833, Page 191 View pdf image |
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