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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 42   View pdf image
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    42                                March Court 1717
   And the afd Deft being called came And in his proper person appeared to the
   above Accon and Saith that he Cannot Gainsay the Accon afd of him the
   Said Plt. nor but that he is indebted to the afd Plt. the Sume of Seven—
   hundred and three pounds of Tobacco on ballance and is willing that~
   Judgment Should be Entered for the Same and Cost thereon accruing —
   Therefore it is Considered by the Court here vizt. This Twenty first day of~
   March Anno Domini One Thousand Seven hundred and Seventeen—
   That the Said Plt~. James Harris do recover against the Said Deft~
   Lukenor Middleton as well the afd Sume of Seven hundred & three pounds of
   Tobacco Damages as also the Sume of Two hundred Sixty three pounds —
   of Tobacco Cost by the afd Plt~ abt. his Sute in this behalfe expended &
   by the Court here of his assent adjudged and the Said Deft in mercy &ca.
                                                                            —Jams Smith Clk~
   John Underling Senr | Commanded it was to the Sherf of Kent County the
                at | Twenty Second day of November in the Second Year
   John Underling junr— | of his Lord Ships Dominion &ca. That he take
  ~~~~~~~~~~~~~~~
John Underling Junr. of Kent County planter if he
   Should be found in his Bailywick & him Safe keep So that he have his body before his
   Said Lord Ships Justices of the next Court to be held at our Court house in the Town of Chester in
   Said County to Answer unto John Underling Senr. of a plea of Trespass upon the Case .
   and that he have then and there the Said writ &ca.    .    .    . Att which Said next Court
   viz the Eighteenth day of March the Same Year last mentioned the day of return of Sd
   writ Came Simon Wilmer Gent. high Sherf of Said County and made return thereof
   in these words thereon Endorsed as folls vizt Cepi Corpus pr S: Wilmer Sherf.
   And A Declaration being fild in Said Accõn which folls vizt. Kent County Ss John~
   Underling Junr. of Kent County Planter was attached to Answer unto John—
   Underling Senr. of a plea of Trespass upon the Case . .   And Whereupon the afd.
   Plt~. by Thomas Bowne his attorney Complaineth that whereas the afd the tenth
   day of March in the Year of our Lord Christ one Thousand Seven hundred and —
   Sixteen at St. Pauls Parish in Kent County within the Jurisdiciõn of this Court was
   Indebted unto the afd Plt in the Sume of Twelve hundred Eighty four pounds of
   Tobacco for the like Sume of Tobacco for the Said Deft by the Said Plt and So
   thereof being Indebted the afd Deft~ In Consideration thereof then and there upon
   himselfe assumed and to the Said Plt~. then and there faithfully promised that he .
   the Said Deft~. the afd Sume of Twelve hundred Eighty four pounds of Tobacco unto the
   Said Plt~. when thereunto required would well and truly pay & Content~ Nevertheless the
   afd Deft his Promise and Assumption afd in forme afd made litle regarding but~.
   plotting and fraudulently Intending him the Said Plt~. of the afd Sume of Twelve hundred
   Eighty four pounds of Tobacco craftily and Subtilly to deceive and defraud the afd Sume.
   of Twelve hundred Eighty four pounds of Tobacco to the Said Plt~ altho’ he the Said Deft
   afterwards vizt. the tenth day of June In the Year of our Lord Christ one Thousand Seven hundred and
   Seventeen and often after at the Parish County & Jurisdiciõn afd was thereunto required hath
   not paid nor made Content for the Same but that to him to pay or make Content~ for
                                                                                                                             the



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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 42   View pdf image
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