Volume 841, Page 216d View pdf image |
August Court
1729
216 this but the Same Allegation Confesseth to be true Pray's Judgm.t & those Damages above Confessed together with his Costs & Charges afd to him Adjudged &c Therefore by Consent of ye Parties afd it is Considered that ye afd Richard Poltney Recover against ye afd W.m Whale his Damages afd to ye s.d afd Eleven pd.s twelve Shill.s & Eight Pence Curr.t Mony by ye same Will.m in form afd Confessed as also two hundred & Eleven 211 pounds of tob.o for his Costs & Charges to ye same Richard at his request by the Court here & of the Consent of the Parties afd Adjudged which Certain Damage in ye whole do amount to Eleven pounds twelve Shill.s & Eight Pence and pounds of tob.o & the afd Deft in Mercy &c
him they unjustly detain And whereupon the Same William by Levin Gale his attorney saith that whereas the afd Colebourn Taylor in his Life time the tenth day of May anno Dom One thousand Seven hundred and and twenty five at Somersett County within the Jurisdiction of this Court by his Certain Writing Obligatory Granted himselfe to be held and firmly bound unto the Same William Planner in the afd Sum of four pounds three shilling and one halfe penny Curr.t mony to be paid the Same William when afterwards the said Colebourn should be thereto requested yett the afd Colbourn in his Lifetime and the afd Richd and Mary since his death altho' often thereunto required the said Sum of four pounds three shillings and and one halfe Penny to the sid William hath not Rendered but the Same hitherto to do have altogether denyed and Still doth deny and the Same Rich.d and Mary the Same to doe still doth deny and unjustly detain whereby the Same William says he is worse and hath damage to the value of Eight pounds Curr.t mony of Maryland and thereof he brings this Suit and brings here into Court the writing obligatory afd which ye Debt afd in form afd wittnesseth L Gale Qur Pledges &c Jno Doe R Roe And the said Rich.d Coward and Mary his wife in their own proper persons Come and defend ye force and Injury when &c and pray Leave to Imparle hereunto untill the Next Court and they have it and the Same day is Given to the plft here also &c Att which said next Court to witt the Ninteenth day of August anno Dom one thousand seven hundred and Twenty Nine Came again as well the afd William Planner by his attorney afd as the afd Richd and Mary his wife say that they afd Cannot Gainsay the action afd nor but that the writing afd is the act & deed of the afd Colbourn nor but that they doe detaine from the afd William the afd four pounds three shillings and one halfe Penny Curr mony in manner and form as the afd W.m above against them hath declared &c Therefore it is Considered that the afd William Planner Recover against the afd Richd Coward and Mary his wife Executors of the afd Colebourn Taylor four pounds three shillings & one halfe penny Curr.t mony his debt 218 afd and his damages by occasion of ye Detaining of ye Same Debt to pounds of tobacco to ye Same Wm of his assent by the Court ^here^ adjudged of the goods and Chattells ^which were^ of the afd Colebourn at the time of his death in the hands of ye Same Richd and Mary remaining to be administred if so much thereof in their hands they have and if so much in their hands they have not then ye dam.s afd to be Levid of ye proper goods & Catt.s of ye s.d Rid & Mary & ye afd defts in Mercy &c |
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Volume 841, Page 216d View pdf image |
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