| Volume 57, Page 18 View pdf image (33K) |
Provincial Court Proceedings, 1666.
Liber FF that Whereas the said Wm Price stands Endebted unto yor Complt:
by bond bearing date 7th Octobr 1664 in the sume of Thirety Thow-
sand pounds of tobacco and Caske as by the said Bond upon rec-
ord in this Court will appeare Now soc it is that the said Price
utterly denyeth and still doth deney to pay the same unto yor
petitionr to his greate dathage Whereupon he bringeth his accon and
prayeth Order of this honble Court for speedy paymt thereof and
Cost of Suite And he shall pray &
The defendt Craues till tomorrow to put in his answere Which
was allowed by the Board
Wm Hollingworth plt The plt not appearing resplted by the Board
Wm Price defendant funtill tomorrow morning
Abraham Rowse plt ,
Suite fall n—new accon commenc' d
William Hempsted deft
Henry Hare plt
Compounded
Jonath: Sibrey deft
Wm Leeds plt noe returne made by the sherriffe of Talbott
Henry Clay deff County, Whereupon Ordered the sherriffe doe shew
Cause next Prouinciall Court why hee made noe returne thereof
[p.218] Thomas Gerrard plt This Cause resplted since last Cort The Pro-
Richard Foster deftfceedings then being read, the plt: saith the time
exprest in thc Indenture is expired and rent not tender'd according
to the tenor thereof therefore forfeited to the first Enjoyer
The deft desires the Oath of Marmaduke Snow may be taken
therein as followeth saith that upon Christmas day last was twelue
month Richard Foster tender'd a heifer to this deponant for that
yeares rent, and desired him to giue him a new lease, this depnt
answered he had nothing to doe wth it, being askt where he tendred,
answered att Mattapenny
The plts Attorney alleadgeth it ought to haue been tendred to
mr Gerrards Persons or to his Assignes, Conceiuing the tender not
to be good in law, and that the tender was not made untill such
time that the lease was expired, being then Calculated from 1643
untill Christmas 1664 it was found tender'd wthin the time
The plt desires the deft may produce his lease and by what title he
holds this land, the defendt alleadg'd he Did produce it last Court
but had it not now about him, after many disputes and the plt not
producing his Euidence according to the Ordr and resplte of last
Prouinall Court, the deft desires a full dismission from this Cause
that he might not be any longer troubled in this suite
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| Volume 57, Page 18 View pdf image (33K) |
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