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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 194   View pdf image
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   194                                              November Court 1718
          Creditts which were of Thomas Scantlebury late of Talbott County Chirurgeon deceased who died Intestate as
   tis Said of a plea of Trespass upon the Case And whereupon the afd þlt by Thomas Bowne his Attorney Complains
   that whereas the afd Thomas Scantlebury in his life time and the afd Thomas Hattenpenny the Sixteenth day of
   June in the Year of our Lord Christ one thousand Seven hundred and Sixteen at St Pauls Parish in Kent County
   within the Jurisdiction of this Court had accounted together of and Concerning divers Sumes of Tobacco to the sd
   Tomas Scantlebury in his lifetime before that time by the sd Thomas Hattenpenny oweing and unpaid and
   upon that accounting the Sd Thomas Hattenpenny was found to be in Arrears to the Said Thomas Scantlebury
   in the sum of one thousand pounds of Merchantable Tobacco In Consideration whereof the said Thomas Hatten:
  :penny then and there upon himself assumed and to the sd Thomas Scantlebury then and there in his life
  :time faithfully promised that he the said Thomas Hattenpenny the afd Sum of One thousand pounds of
   Merchantable Tobacco to the af.t Thomas Scantleberry when thereunto required would well and truely pay
   and Content. And that whereas also the afd Thomas Hattenpenny afterwards viz.t the tenth day of
   Aprill in the Year of our Lord Christ one thousand Seven hundred and Seventeen at the þarish County
   and Jurisdiction af.d was Indebted unto the afd Thomas Scantlebury in his lietime in the Sum of five
   hundred pounds of Merchantable Tobacco for Cureing the sd Thomas Hattenpenny then and there of a
   Certain griveous Disease Called the Yaws and So thereof being indebted the af.d Thomas Hattennpenny
   in Consideration thereof afterwards viz:t the day and Year last mentioned at the parish County and
   Jurisdiction last mentioned upon himself assumed and to the Said Thomas Scantlebury then and there
   last mentioned faithfully promised that he the said Thomas Hattenpenny the afd Sum of five hundrd
   pounds of Merchantable Tobacco to the afd Thomas Scantlebury when thereunto required would
   well and truely pay and Content nevertheless the afd Thomas Hattenpenny his Severall pro =
   mises and assumptions afd in form af.d made as to the afd Severall Sums of Tobacco amounting
   in the whole to the sum of fifteen hundred pounds of merchantable Tobacco litle regarding
   but ploting and fraudulently Intending the Said Thomas Scantlebury in his lifetime and the sd
   plts after the death of the sd. Thomas Scantlebury to whome Letters of Administration of all and
   Singular the Goods and Chattles Rights and Credits which were of the Said Thomas Scantlebury at
   the time of this death by Foster Turbutt Deputy Comissary of Talbott County

   in lawfull manner were Committed Craftily to deceive and defraud the said fifteen hundred pounds
   of merchantable Tobacco to the afd Thomas Scantlebury in his Life time or to the afd Plts or either
   of them hath not paid altho to pay the Same the said Thomas Hattenpenny by the afd Thomas
   Scantlebury in his lifetime vizt. on the tenth day of June in the year of our Lord Christ one thousd
   Seven hundred and Seventeen and by the afd þlts after the death fo the sd Thomas Scantlebury on the
   Twentyeth day of May in the Year of our Lord Christ one thousand Seven hundred and Eighteen at
   the parish County and Jurisdiction^afdwas thereunto required Butt that to the said Thomas Scantlebury
   in his lifetime or to the said plts after the death of the Said Thomas Scantlebury or to Either of them
   to pay or Content the sd Thomas Hattenpenny hither to hath deneyed and to ye sd plts & each and
   every of them to pay or Content Still doth deney to the damage of ye Sd plts two thousand pounds
   of like Tobacco afd and in delay of the Lettrs admr afd and thereupon he brings Suit and brings herein to
   Court the Lettrs Admir which Testify &c                 Bowne pr Qurr plds Jno Doe & Rd Roe
        And the af.d Def.t in his proper person Comes and defends the force And Injury where &c. And Says
   that he Cannot Gainsay the þlt his accõn afd So as afd agt him brought nor Can he Say but that the said
   þlt ought to Recover his Damages by occasion of the premises afd to ye Sum of fifteen hundred pounds
   of Tobacco and Cost of Suit against him which the Said þlt doth not Gainsay Therefore
   It is Considered by the Justices here this Twenty first day of November Anno Domi One thousd
   Seven hundred and Eighteen that the afd Peter Harwood and Norton Knatchbull Admrs:
   of the afd Thomas Scantlebury Recover against the af.d Thomas Hattenpenny as well the afd Sum
   of fifteen hundred pounds of Tobacco their damages afd in form afd Confessed as also the Sum
   of Two hundred & Seventey Nine _ pounds of Tobacco by the Court here adjudged to them for their
   Costs and Charges by them about their Suit in this behalf laid out and Expended and the Deft
   in mercy &
                                                                                                                                             Jams Smith Clk



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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 194   View pdf image
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