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March Court 1717 [7 ] unjustly detains &ca. . And that he have then and there the Said writ &ca. Att which Said next Court vizt. the Eighteenth day of March the Same Year last mentioned the day of return of Said 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 Simon Wilmer Sherf And a Decln. being filed when Said writ Issued forth and a Copy thereof Served therewith According to Act of Assembly in Such Case made was as folls vizt. Kent~ County Ss James Hearn of Kent County Planter alis Dics James Hern of Kent~ County Plantr. was Summoned to Answer unto Nathl. Pearce of a plea that he render unto him ye just Sum of Six hundred pounds of good Sound Mer= :chantable Tobacco with Caske to Containe ye Same of ye price & value of~. five pounds Sterlg money wch. from him he unjustly detains &ca. And Whereupon the afd Plt~. by Thomas Bowne his attry Sayth that whereas the afd Deft~. the Twenty eighth day of November in the year of our Lord Christ~. one thousand Seven hundred & fifteen at Shrewsbury Parish in Kent County afd within the Jurisdiciõn of this Court by his Certain bill obligatory which - he the Said Deft~ Sealed with his Seale and as his deed delivered hereinto Court brought the date whereof is the Same day & year afd bound himselfe his Aers Execrs. & Adminror assignes to pay or Cause to be paid unto the afd Plt~ the afd full Sum of Six hundred pounds of good Sound Marchanable Tobacco with Caske to. Containe the Same of the afd price & value of five pds Sterling money to be paid by the tenth day of October next Ensuing the date of the Sd Bill obligatory Yet the afd Deft~ altho often required the afd Summ of Six hundred pounds of Tobo. of~. the afd price & value of five pds Sterling money to the afd Plt. hath not paid- nor Caused to be paid but that to him to render or pay hath hitherto denyed and . Still doth deny & unjustly detaine to the damage of him the Said Plt. Twelve— hundred pounds of Tobacco and thereupon he brings Sute &ca. TBowne pr Querr plds &ca. Jno & Doe— Richd Roe— And the Said Deft~ came into Court and in his proper person to the afd Accõn and Saith that he Cannot gainsay the Accõn afd of him the Said Plt~ nor but that the writing obligatory above mentioned is his Act and deed and that he oweth unto the Said Plt~. the afd Sume of Six hundred pounds of Tobacco 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 afd Plt~ Nathaniel Pearce do recover against the Said Deft~. James Hearn as. well the afd Sume of Six hundred pounds of Tobacco Debt~. as also the Sume of Two hundred and Sixty four pounds of Tobacco Cost by the afd Plt~ about his Sute in this behalfe Expended and by the Court here of his assent — adjudged and the Said Deft~ in mercy —Jams Smith Clk— |
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Kent County Court, Proceedings, 1718-1720
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