Complaint, Moore v. Downs, March 1748

Complaint in the case of Anne Moore v. Henry Downs, March, 1748. Image from Goldberg Coins and Collectibles.

Document Text, March 1748

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Orange County to wit Ann Moore Widow, Executive, and Philip Aybell and James Perver, Gent. Executors of the last Will and Testament of Augustine Moore just Gent. deceased, complain of Henry Downs in Custody and so forth of a Plea of Debt, that he render to them five Pounds three Shillings, and five Pence Three Farthings Current Money of Virginia and ninety eight Pounds of Nett Tobacco and fifteen Shillings or one hundred & fifty Pounds of Tobacco which he unjustly detains from them; for that whereas on the twenty eighth Day of January, in the Year of our Lord on Thousand seven hundred and forty two, at the County aforesaid, by his certain Promissory Note in Writing which subscribed with the proper Hand of the said Defendant the said Plaintiffs bring into the Court of our Land the present King, the Date whereof is the same Day and Year did promise to pay to the said Augustine, in his Lifetime, the said Sum of five Pounds three Shillings and two Pence three Farthings, and all the Costs of a Suit brought by the said Moores on his lifetimes, against Waller Fitzgarrett [unclear] on or before the twenty fifth Day of December which should be in the Year one thousand seven hundred and forty seven and the said Plaintiffs do aver that ^ ^all the Costs of the said Suit did amount to the said ninety eight Pounds of Nett Tobacco & fifteen Shillings or one hundred fifty Pounds of Tobacco and the said Defendant did not pay to the said Augustine in his Lifetime; or to the said Plaintiffs, or either of them, since his Death, the said five Pounds Three Shillings and Two Pence Three Farthings and the said costs of the Suit aforesaid on or before the said Twenty [text obscured] one Thousand of the Act of accreed to the sincerities the aforesaid.

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five Pounds three Shillings and five Pence three Farthings and the said Costs of Suit. Nevertheless the aforesaid Defendant hath not yet paid to the said Augustine in his Lifetime, or to the said Plaintiffs, since his Death, altho' he was often thereunto required the aforesaid five Pounds three Shillings and Two Pence Three Farthings, and ^^the Costs aforesaid, but hath hitherto altogether refused, and still doth refuse to pay the same to them, to the retardingthe Execution of the said Bill, and to the Damage of the said Plaintiffs ten Pounds, and therefore they bring this Suit, and so forth. And they bring into the said Court here the Letters Testamentary of the said Augustine, by which the said Plaintiffs appear to be Executors, and have Administration of the said Will.

Wythe for the Pl'

for the Def.}