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Somerset County Judicial Records, 1725-1727
Volume 840, Page 9   View pdf image
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    March Court               1724                                 (9)
FA  Southy Whittington
                    ag.t
GD Joseph Sumers brother
& heir of Wm Sumers
 Somersett County fs  Joseph Sumers Late of Somersett County Planter Brother
and heir of William Sumers ^Late of the County afd Planter dec.d otherwise^ Lately Called William Summers of Somersett
County Mariner was Sumoned to answer unto Southey Whittington
of a Plea that he render unto him Eighty pounds Currant money of this
Province which to him he Oweth and Unjustly detaineth &c                      And wheupon the said
Southy by Francis Allen his attorney saith that whereas the Said William the Brother of him the said
Joseph whose heir he is in his Life Time to witt the sixteenth day of May Ann Dom One thousand
seven hundred and Twenty Three at Somersett County afd within the Jury of this Court by his Certain writing
Obligatory ^which^ the said Southy with the seal of the said William signed here into Court Brings the Date
whereof is the same day and year did Grant himself to be bound unto the said Southy in the afd
Eighty pounds to be paid to the said Southy when he should be thereunto requested    And to the
said Payment well and Truly to be made did Bind himself and his heirs by the afd writing
Nevertheless the afd William in his Life Time and the afd Joseph the Brother & heir of him the sd
William after the death of him the Said William Tho' often Thereunto Requested the afd Eighty pounds
to him the said Southy as yett have not rendered but the same to him to render have Denyed and
the afd Joseph the same to the said Southy as yet to render doth deny whereupon the said ^Southy^
saith he is worse and hath damage to the value of Tenn pounds Currant Money and thereof
He brings Suite &c                                  Francis Allen P Qrte Pledgs dep   John Doe
                                                                                                                   Richd Roe

        And the afd Joseph Sumers brother and heir of the said William Summers dec.d by George Dasheill
his attorney Cometh and defendeth the force and Injury when &c and prayeth Leave to Imparle
hereunto untill the Next Court and he hath it and the same day is given to the afd Southy Whittington
also                        Att which said next Court to witt the Seventeenth day of November ann Dom
One thousand Seven hundred and twenty four Came againe as well the afd Southy Whittington as the
afd Joseph Sumers brother and heir as afd by their attorneys afd and ^thereupon^ the said Joseph Sumers
by his said attorney prayed further Leave to Imparle hereunto untill the next Court and he hath
it and the same day is given to the afd Southy Whittington also
       Att which said next Court to witt the sixteenth day of march ann Dom One thousand Seven
hundred & twenty four Came againe as well the afd Southy Whittington As the afd Joseph Sumers
brother and heir as afd by their attorneys afd and thereupon the said Joseph Sumers by his Said
attorney as before defends the force and Injury when &c and saith that he hath not any Land or tenements
by descent as heir to the afd William Sumers in fee Simple nor had at the day of Exhibitting the
Originall Writt afd nor Ever afterwards & this he is Ready to veryfie wherefore he prays Judgmt if of
the debt afd as heir of the afd William by vertue of the afd writting Obligatory he Ought to be Changed &c
                                                                                                       G Dasheill Pr Deft
                                                                                                                                                    (and)


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Somerset County Judicial Records, 1725-1727
Volume 840, Page 9   View pdf image
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