Volume 840, Page 111 View pdf image |
March Court
1725
111 Province of Maryland Spinster was Sumond to Answer unto Thomas Dashiell Late Sherr of the said County of a plea that they render unto him the full & Just Sum of ten thousand seven hundred and ninty four pounds of good sound Merchantable tobacco and Casque which to him they owe & unjustly Detains &c And Whereupon the same Thomas Pr Geo Dashiell his attry saith that the same Cat: in her Life time on y.e twenty sixth day of May Ann Dom One thousand Seven hundred & twenty two at Somrsett Co.ty afd within the Jur of this Court by her Certain Writing obligatory which the said Thomas with the seale of the said Cathrin Signed her in Court produces granted her selfe to be Indebted unto ye s.d Thomas in the Sum of ten thousand Seven hundred & ninty four pounds of tob.o as afd to be paid to ye s.d Thomas when afterward she should be hither to requested yett ye s.d Cat: in her Life time nor the said Randel & Anthony West since her deceit according to the tennor of the said obligation the afd Sum of ten thousand seven hundred & ninty four pounds of tob.o nor any part thereof (altho often thereto requested) unto the said Thomas hath not rendred but the same to render hath denyed and still doth deny to the Damage of the said Thomas twenty thousand pounds of tobacco And thereof he brings this Suite &c G. Dashiell P Quer pledges Jn.o Doe R.d Roe And the afd Randall West and Anthony West in their proper person Cometh and defendeth the force and Injury when &c and say that they Cannot gainsay the Plft his action afd nor Can they Say but that the writing Obligatory afd in the act and deed of the afd Catherine West nor but that the debt therein mentioned is yett due and unsatisfyed wherefore the said plft Prays Judgm.t for his debt afd and his Costs and damages Sustained by Occasion of the detaining of the Same debt to him to be adjudged &c Therefore it is Considered by the Justices here the fifteenth day of march anno Dom One thousand Seven hundred and twenty five that the afd Thomas Dashiell Recover against the afd Randall and Anthony Wests Executors of the Same Catherine West as well the sum of ten thousand seven hundred and Ninty four pounds of tobacco his debt afd as 353 also the Sum of three hundred and fifty three pounds of tobacco for his Costs and damages sustained by Occasion of the detaining of the same debt to the same Thomas Dashiell of his assent by the Court here adjudged to be Levied of the goods and Chattells of the afd Catherine West at the time of her death in ye hands of Randall & Anthony West remaining to be administred if so much thereof in their hands they have &c and if so much thereof in their hands they have not &c then the Costs afd to be Levied of ye proper goods and Chattells of ye said Randall and Anthony Wests & ye Deft in Mercy &c |
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Volume 840, Page 111 View pdf image |
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