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November Court
1736 276 Att which said next Court to witt the sixteenth day of March Ann.o Dom One thousand Seven hundred seven hundred and thirty five Came againe as well the afd Whittington as the afd Capell by their attorneys afd and whereupon the Same Capell prays further Leave thereof to Imparle hereuntill next Court and he hath it and the Same day is given to the afd Whittington here also &c Att which said next Court to witt the fifteenth day of June Anno Dom one thousand seven hundred and thirty six Came againe as well the afd Whittington as the afd Capell by their attorneys afd And whereupon the same Capell prays further Leave thereof to Imparle here untill next Court and he hath it and the same day is given to the afd Whittington here also &c Att which said next Court to witt the seventeenth day of August Anno Dom one thousand seven hundred and thirty six Came againe as well the afd Whittington as the afd Capell by their attorneys afd And Whereupon the same Capell prays further Leave thereof to Imparle here untill next Court and he hath it and the same day is given to the afd Whittington here also &c Att which said next Court to Witt the sixteenth day of November Ann Dom one thousand seven hundred and thirty six Came againe as well the afd Whittington as the afd Capell by their attorneys afd And the said Capell by his Said attorney as before defends the force and Injury when &c and says that the said Whittington his action thereof against him to have and maintain ought not because he says as to one pound thirteen shilling and six pence Current money of Maryland part of the said three thousand two hundred and forty seven pounds of tobacco in Cask and seven pounds seven pence halfpenny Current money of America the said Capell says that he hath paid the said Whittington the said one pounds thirteen shillings and six pence and this he is ready to verify and as to the residue of the said debt he says that he hath fully Administred all and singular the goods chattels and Credits which were of the said Benjamin at his death in his hands to be Administred and that he hath no Goods of the said Benjamins in his hands to be Administred nor had at the time of the Impetration of the originall writ of him the said Whittington Impetrated nor ever afterwards and this he is ready to verify wherefore he prays Judgement if he the said Whittington his Action thereof against him to have and maintain ought &c And the aforesaid Whittington replies that altho' true it is that as to one pound thirteen shillings and six pence Currt money of Maryland part of the said three thousand two hundred and forty pounds of tobacco in cask and seven pounds and seven pence half penny Currt money of America the said Capell hath paid the said Whittington yet the said Whittington saith as to the residue of his said debt that he the said Whittington not with standing any thing above Alledged by the said Capell in his plea ought not to be precluded from his said Action against him because as to the said plea by the said Capell above pleaded he the said Whittington saith that at the day of exhibiting the originall writ of the said Whittington that the said Capell had in his hands unadministred divers Lands Goods and Chattels |
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Somerset County Judicial Records, 1735-1737
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