Volume 65, Page 374 View pdf image (33K) |
374 Provincial Court Proceedings, 1674. Liber M M and charges in this behalfe laid Out and expended and the Said John in mercy. Henry Aspinall agt Stephen Murty John Browne agt William King Hugh Magarro agt these five causes agreed. Robert Doyne John Quigley agt William Berry John Quigley agt James Berry Charles Delaroch Tobias Wells late of Kent County executor of agt the last will and Testament of Mary Pyne de Tobias Wells executr ceased was Sumãned to answer unto Charles Mary Pyne Delaroch in a plea that he render unto him the summe of One thousand pounds of tobacco which from him he unjustly deteineth And whereupon the Said Charles by Kenelm Cheseldyn his At torny Saith that whereas the Said Mary in her life time to witt the fifth day of March in the yeare 1672 did by her certaine writeing Obligatory Sealed with the Seale of the Said Mary here in Court produced whose date is the day and yeare abovewritten bind her Selfe her heirs executors administrators or assignes to pay or cause to be paid unto the Said Charles Delaroch his heirs executrs adminis trators or assignes the just and full Summe of One thousand pounds of good Sound merchantable tobacco and caske at or upon the tenth p. 283 day of October next ensueing the date thereof Notwithstanding which the Said Mary Pyne the Said Summe of One thousand pounds of tobacco though often thereunto required to him the Said Charles in her life time hath not paid according to the tenor of the Said bill nor the Said Tobias Since her death executor of the last will and Testament of the Said Mary but the same to pay hitherto hath and Still doth altogether deny to the damage of the Said Charles two thousand pounds of tobacco And thereupon he bringeth his Suite. And the Said Tobias by Robert Carvile his Attorny cometh and defendeth the force and injury when &c and Saith that the aforesaid Charles Ought not to have his action against him because he Saith he hath fully administred all the goods and Chattells that were of |
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Volume 65, Page 374 View pdf image (33K) |
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