Volume 833, Page 501 View pdf image |
June Court 1720 501 Tobacco the Sd Timothy in his lifetime and the Sd Deft. after the death of the Said Timothy to whome Letters of administration of all and Singular the Goods and Chatles Rights and Credits which were of the Timothy at the Timothy at the time of his death hath been lawfully granted to him the Sd pltf hath not paid altho to pay the Same the Sd Timothy in his lifetime vizt. the Eleventh day of January in the year of our Lord Christ one thousand Seven hundred & Sixteen and the Sd Deft. after the death of the Sd Timothy vizt. the tenth day of June in the Year of our Lord Christ one thousand Seven hundred and Nineteen at the parish County and Jurisdiction afd. by the afd. pltf was thereunto required But they the Said Timothy in his Lifetime and the Sd Deft. after the death of the Sd Timothy the afd Summ of four hundred and Eighty four pounds of Tobacco to the Sd pltf to pay or Content they and every of them have deneyed and altogether refused and the afd Deft. the Sd pltf to pay or Content hitherto hath deneyed and Still doth deney to the Da= mage of him the Sd pltf. One thousand pounds of Like Tobacco and thereupon he brings Suit &c. TBowne pr quer plds Jno Doe } Rd Roe } And the afd. Deft. by David Macbride his Attorney Comes and defends the force and Injury when &c and prays leave to imparle thereunto untill next Court and he hath it and the Same day is given the pltf also . At which Sd next Court vizt the 21st day of June anno Domi 1720 Came as well the afd. Pltf by his afd Attorney as the afd Deft by his afd Attorney and the Sd Deft. by his attorney afd. Comes and Defends the force and Injury when &c And the Same Attorney Saith that he is not informed by the Sd pltf of any answere for the Sd Deft to the Sd pltf. in the imparlance afd. Granted and nothing further ther: upon Saith for which the afd. Pltf remains against the afd. Deft. thereupon undefended. Therefore It is Considered by the Justices here the 28th day of July anno Domi 1720. that the afd. William Frisby Recover against the afd Samuell Clerk as well the Summ of four hundred and Eighty four pounds of Tobacco his Damages afd. as also the Summ of three hundred and Seven teen pounds of Tobacco by the Court adjudged to him for his Costs and Charges by him about his Suit in this behalf laid out and Expended to be Levyed of the Goods Chattles Rights and Credits which were of the afd. Timothy Mulcorn at the time of his death in the hands of the Sd. Samuell Clerk admr. as afd. remaining to be administered if So much thereof in his hands he hath and it So much thereof in his hands he hath not then the Costs of Suit afd. to be Levyed of the Goods and Chatles of the Said Samuell Clerk and the Deft. in mercy &ca Jams Smith Clk
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Volume 833, Page 501 View pdf image |
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