Provincial Court Proceedings, 1679/So. 105

Robert Doynel agt Wm Wright John Bouchierl agt John HartwellJ John Lemare agt George Godfrey

Liber W. C.

George Parker " agt Joseph Tilley

The Defendt by Thomas Bland his Attorney ap- peares & imparles untill next Court.

Richard Bailey] agt John Atkey

John Atkey late of Calvert County otherwise called p. 95 f- John Atkey of Calvert County Planter was Sum- oned to answer unto Richard Bailey of a plea that he render unto him ffoure thousand fiue hundred

pounds of tobacco which to him he oweth and unjustly detaineth

And whereupon the said Richard Bailey by Robert Carvile his
Attorney saith, that whereas the said John Atkey upon the twenty
sixth day of ffebruary in the year of our Lord 167$ by his certaine
bill or writing obligatory sealed with the Seale of him the said John
& here in Court produced whose date is the day & yeare abovesaid,
did binde himselfe his heyres Ex^rs or Adm^rs to pay or cause to be
paid to the said Richard the full & just sume of ffoure thousand fiue
hundred pounds of good sound M^rchantable tobacco & caske to be
paid convenient on the Clifts in Calvert County att or before the
tenth day of Novemb^r next ensuing the date of the said bill Yett
notwithstanding the said John Atkey the said Sume of f cure thou-
sand fiue hundred pounds of tobacco to him the said Richard ac-
cording to the tenour of the said bill though often thereunto re-
quested hath not paid or satisfied but the same to pay & satisfie hath
hitherto denyed & still doth deny to pay the same, to the damage of
the said Richard Eight thousand pounds of tobacco, & thereupon he
bringeth his suite

And the said John Atkey by Robert Ridgely his Attorney com-
eth & defendeth the force & injury when &c and prayeth liberty to
imparle hereunto untill next Prov" Court & itt is granted unto him,
the same day is given to the p^lt also

Now here att this day to witt the thirteenth day of ffebruary in
the fifth yeare of the Dominion of the right Hon^ble Charles Lord
Baltemore &c Annoq Doni 1679 came the said parties by their
Attorneys aforesaid And the said John Atkey by his said Attorney
saith that the said Richard his action aforesaid against him ought
not to haue because he saith, that he the said John Atkey him the
said Richard the said Sume of foure thousand fiue hundred pounds