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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 532   View pdf image
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   532                                     August Court 1720.
     Thereupon Mr Simon Wilmer and John Clark both of Kent County present
   here in Court Undertake Joyntly and Severally for the Said Daniel Whaley that in
   Case the Said Gilbert Falconar shall Recover Judgement in the plea afd. against the
   Said Daniel Whaly, or that he the Said Daniel Whaly shall be therein Convict that
   then he the said Daniel shall pay the Court thereupon or render his body to
   the Custody of the Sheriff of Kent County in Satisfaction thereof or that they the Said Mr
   Simon Wilmer and John Clark or one of them will do it for him:
        And the afd. Deft. in his proper person Comes and Defends the force and Injury when
   &[c] And Saith that he cannot Gainsay the afd. pltf his action so as against him brou[ght]
   Nor Can he Say Say but that the said pltf ought to recover his Debt by occasion of
   the premises afd. to the Summ Three thousand four hundred pounds of Tobacco
   with Cost of Suit against him which the said pltf doth not Gainsay.
      Therefore it is Considered by the Court here this 17th day of August
   Anno Domi 1720 that the said Gilbert Falconar Recover against the Sd
   Daniel Whaley as well the Sum of Three thousand four hundred pounds of
   Tobacco his debt afd in form afd. Confessed as also the Sum of Two hundred —
   and fifty Nine ——— pounds of Tobacco by the Court here adjudged to
   him for his Costs and Charges by him about his suit in this behalf laid out and
   expended and the Deft in mercy &c.
                                                                                                     Jams Smith Clk
   TB Gilbert Falconer |
                at | This being an action of Debt for the Summ
        Daniel Whaley    | of five thousand two hundred and Sixty four pounds


of Tobacco Commenced by the said pltf against the sd
   Deft. and wherein the Sherf. of said County to whom the writt in the said action was
   directed makes Return to the Court here on the third Teusday in August vizt. the 16th
   day of the said monthy being the day of Return of Said Writt Endorst Cepi Corpus pr Gidn–
   Pearce Sheriff.
        Kent County maryland Ss. Daniell Whalley of Kent County planter als Dics Daniel
   Whaley of Kent County in the province of Maryland planter was attached to answer unto
   Gilbert Falconer of a plea that he render him the sume of five thousand two hundred
   and Sixty four pounds of good sound merchantable tobacco Clear of all trash and
   groung Leaves in Cask to Containe the Same of the Value of fifty pounds Sterling money
   which he Unjustly detaines &ca.         And whereupon the afd. pltf by Thomas Bowne
   his Attorney saith that whereas the afd Deft. the twelfth day of August in the year
   of our Lord Christ one thousand Seven hundred and Eighteen at St pauls parish in Kent
   County within the Jurisdiction of this Court by his Certain Bill Obligatory which
   he the Said Deft. Sealed with his Seal and as his Deed Delivered here into Court brought
   the date whereof is the same day and year afd. Bound and Oblidged himself to pay to
                                                                                                                              the



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Kent County Court, Proceedings, 1718-1720
Volume 833, Page 532   View pdf image
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