Volume 840, Page 190 View pdf image |
Novem.r Court
1726
190 Costs by way of attachm.t against the goods Chattells and Creditts of the said THomas Brown 205 according to act of assembly in Such Case made and provided &c
of Nicholas MccLander late of the County of Sussex on Delaware Yeo.n dec.d of a plea that the render unto him twelve hundred pounds of good sound Marchantable Leafe tobacco in Caske to Contain the Same which from him they unjustly detain &c And whereupon the same Simon by Joseph Pemberton his attorney Saith that whereas the afd John Haynes and Richard Ackworth the twenty Second day of June ann.o Dom One thousand Seven hundred and twenty two at Somersett County within the Jurisdiction of this Court by their Certain writeing Obligatory granted themselves to be held and firmly bound unto y.e afd Nicholas in y.e afd quantity of twelve hundred pounds good Sound Merchantable Leaf Tob.o to be paid y.e Said Nicholas one Some Conveniant Landing Nevertheless y.e afd Jn.o Haynes & Richard Hacworth altho often thereto (in y.e Lifetime of y.e s.d Nicholas & Since his Death by y.e Said Simon Ex.xr as afd) required y.e afd quantity of Twelve hundred pounds Tob.o or any part thereof to y.e Same Nicholas in his Lifetime nor since his Decease to y.e said Simon afd have not rendered but they & Each of Them y.e same hitherto to y.e afd Nicholas in his Lifetime afd & since his Decease to y.e afd Simon to render have altogether Denied & Still doe deny & unjustly detain whereby y.e same Simon Exr as afd says he is worse & hath Damage to y.e value of Twelve hundred pd.s of good Merchantable Sound Leaf Tobacco in Caske to Contain y.e Same & thereof he brings this Suite & y.e Said Simon brings hereinto Court y.e Writting Obligatory afd &c Jos: Pemberton P Quer pledges &c Jno Doe R.d Roe And the afd Richard Ackworth in his proper person Comes and defends the force and Injury when &.c and says that he Cannot gainsay but that the bill or writing obligatory afd is his act and deed; nor but that he detained from the afd Simon Kollock Ex.r of the Same Nicholas MccLander the afd twelve hundred pounds of tobo in manner and form as the afd plft above against him Complained Therefore it is Considered by the Justices here the fifteenth day of Novem.r Anno Dom one thousand seven hundred and twenty Six that the afd Nicholas Simon Kollock Executor of the Same Nicholas MccLander Recover against the afd Richard Ackworth |
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Volume 840, Page 190 View pdf image |
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