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240 March Court 1718 and not another person of the Same name discharged by the Act afd DMacbride pr Deft — And thereupon the Same accõn was Continued untill the then next Court in Course Att which Said next Court viz the Seventeenth day of March Anno Dom one Thousand Seven hundred and Eighteen came the afd Plt by his afd Attry and the afd Deft by his afd Attry and the Sd Plt by his afd Attr puts in a Demurr. which folls vizt And the afd William Glanvill for as much as the afd Dominick the accõn of the Same William abovesaid doth not deny nor but that he doth owe unto the Said William the afd quantity of four hundred and twenty pounds of Tobacco in form as the Same William above against him the Said Dominick hath declared, prays Judgment and his — debt afd together with his Damages occasioned by the Detention of the Same debt to be to him adjudged and the afd William for the better and more Speedy Execution of his debt afd together with his damages – by the reason afd unto him to be made and adjudged Saith that the plea afd by the Said Dominick above pleaded and the matter therein Contained are not Sufficient in^theLaw to repel the Said William from having any Execution which Shall unto him Seem Expedient in this part to be Leveyed against the body or Lands Tenements hereditaments Goods & Chattells of the Same Dominick unto which Said plea he hath no need nor by the Law of the Land is held in any Sort to answer And this the Said William is ready to verifie wherefore for want of a Sufficient plea of the Said Dominick in this part he prays Judgment for any Execution whatsoever of the debt afd together with his damages occasioned by the detention of the Same against the Said Dominick or of his Lands Tenements hereditaments goods and Chattells to be leveyed or upon the person of ye Same Dominick to be Executed as unto him the Said William Glanvill Shall Seem most Expedi: :ent unto him to be granted and adjudged And for causes of Demurrer in in Law according to the form of the Statute in Such Cases made and provided the Said William Shews to the Court here these following vizt. 1.st It do’s not appear by the Said Plea of ye Said Dominick but that his Estate personall and real are Subject to Execution Notwithstanding the Act afd for any debt due by him ye Said Dominick before the making of the Said Act Secondly it dos not appear where the Said Dominick was discharged of the debts in his plea and lastly the plea of the Said Dominick is nugatory and Superlatively bad both in Substance and form &ca 9na [?] M Howard 1 List[?]:4:331 Demurrer Joynd DMacbride pr Deft - and the afd Plea and Demurrer being read and by the attrys of both Sides argued and mature deliberation being by the Court thereupon taken do – adjudge the afd Demurrer goods and Sufficient in Law wherefore the afd Deft for want of A Sufficient plea in this behalf as by the Court here is adjudg ed |
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Kent County Court, Proceedings, 1718-1720
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