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at the Especial instance & request of the sd Jeremiah did pay &

deliver to the sd Jeremiah four hundred pounds of tobacco part of

the Said eight hundred pounds of tobacco Nevertheless the sd Jeremiah

his Contract & Agreem^t afd not regarding but minding & fraudulently

intending the sd Wm in this behalf to deceive & defraud the sd house

hath not erected & built, but the Same hath refused & doth Still

refuse to erect & build whereby the sd Wm hath not only lost y^e sd 400=

pounds of tobacco to the sd Jeremiah in hand paid, but also Severall

other Considerable losses in his Cropp of Corn & tobacco to the Value of

1000 pounds of tobacco for want of y^e sd house hath Sustained & lost to

the damage of the sd Wm of 2800 pounds of tobacco & thereof he brings

his Sute &ca. Dent p^r Que^r Pleg &ca          Jn^o Doe

                                                                        Rich Roe}

And the Defend^t p^r Sam Worthington his Attorney Defends the

force & injury afd, & Saith that the plt his accon agt him ought

not to have, he being a party by-in agreement for the house in

the Declaracon mentioned & is Sued for y^e damage of the whole

& Saith that the Agreem^t was joyntly with John Barber and my Self

with the plt. and he is not obliged to answer unto y^e plt of him

Self, & Craves abatem^t of the Writt & of this puts himSelf upon

the Court Worthington pro Dft

              And the plt Saith he ought to have his accon & puts him

              Self on the Court also Dent.

The Declaracon being read the issue joyned & the Evidences exam^d

it was the judgm^t of the Court that the accon afd was rightly

Stated and therefore doe award the Dfend^t to pay to the plaintiffe

Two hundred pounds of tobacco for his damages Susteined with

Cost of Sute alias Executio. Jn^o. Barber Deposition read in Court

Samuel Marchment:Plt           Somerset Ss. Ra: Milbourne

Ralph Milbourn Dft }              of this County was attached to

~ ~ ~ ~ ~ ~ ~                     answer unto Samuel Marchment

in a plea of trespass on the Case &ca. And whereupon y^e sd Samuel by

Samuel Alexander his Attorney Saith that the sd Ralph the 3^d day

of August in y^e year of o^r Lord 1693 at Pocomoke within the Jurisdiction

of this Court was indebted unto the Said Samuel in y^e just & full Sum

of one thousand & five hundred pounds of good Mertable tobacco being for

& in Consideracon of nine hundred foot of white Oake planke from y^e

Said Samuel recd by the Said Ralph & the sd Ralph to the sd Samuel in

manner afd being indebted did upon himself assume & to the sd Samuel

faithfully promise that to him he the sd Ralph the sd Sum of 1500=

lbs of tobacco would truely Satisfie & pay Nevertheless the Said Ralph his

promise & assumption not regarding the sd Sum to the sd Samuel hath

not paid but to doe the Same hath hitherto refused & doth Still