28

at Snow hill within the Jurisdiction of this Court was indebted

unto the sd Robert in the just quantity of four hundred pounds

of Merchantable Porke & three hundred pounds of tobacco being

for Certain goods Sold & delivered at that time & Since by y^e Said

Robert to the sd John as by acco^t here in Court produced may

appear . So it is that the sd Henry & Perthenia his Wife having

Adm^rn upon the goods Chattels & Credits of the said John Smock

of this County lately decd in law becomes lyable to y^e paym^t of y^e

said 400 pounds of Porke & 300 pounds of tobacco Neverthelesse

the sd Henry & Perthenia his Wife not regarding law or equity

the sd 400 pounds with 300 pounds of tobacco hath not paid to y^e

Said Robert although the Said Henry & Perthenia his Wife

to doe the Same by y^e Said Robert hath been requested but hath

hitherto refused & doth still refuse to the damage of the sd Robert

of 800 pounds of Porke & 600 pounds of tobacco & thereupon

brings this Sute &ca.                                      Jn^o Doe

              Pirrie p^r Que^r pledgs p^r sec &ca.     Rich Roe }

And the Deft^s by their Sam. Alexander their Attorny Saith that they

have fully Adm^rd & of this they put themselves upon y^e Court

                                                      Alexander p^r defen^t.

And the plt Saith they have not fully Adm^rd & if this he puts

himself on the Court Pirrie //

     The p^rmisses being Considered the Court Orders a Non Sute

     agt the plt with Cost &ca. the plts accon coming to late

     (viz) after y^e dfend^ts Quietus est produced . //

William Smullen Plt.      Somerset County Ss

Jeremiah Harris Dft}      Jeremiah Harris late of

~ ~ ~ ~ ~ ~           this County was attached to

answer unto Wm Smullen of a plea of trespass on y^e Case &ca.

And whereupon the Said William by Peter Dent his Attorney Comp

=laineth , that whereas a Certain Communication was had and

moved between the Said William & the sd Jeremiah of & Concerning

the erecting & building of a fourty foote tobacco house for him y^e

Said William on the land of him the Said William upon which

Conference the sd Jeremiah afterwards to wit the 28^th. day of

July in the year of o^r Lord 1693 at Parrahawkin within y^e Jurisdiction

of this Court in Consideration that the Said William would Satisfie

& pay unto the said Jeremiah the Sum of Eight hundred pounds

of tobacco, when the sd house should be well & Sufficiently finished

The said Jeremiah did assume upon himself & to the Said William

faithfully promise that he the sd Jeremiah the sd Tobacco house

in Some reasonable time would well & Sufficiently erect and build

& the sd Wm in fact Saith that he giving Credit to y^e promise and

assumption of of the Said Jeremiah as aforesd mad afterwards