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March Court 1734
272 Whereupon the said Thomas Billing present here in Court in his proper person at the prayer of the afd James Breman by his attorney aforesaid is adjudged to give Speciall Bail to the action afd thereupon a Certain John Britt of Somerset County planter present herein Court in his proper person undertook for the said Thomas Billings and assumed upon himselfe (Likewise the said Thomas Billing present in Court as afd assumed upon himselfe) that if in Case the said James Breman should recover Judgment in the plea aforesaid against the said Thomas Billings or that he the said Thomas Billings should be therein Convict that then he the said Thomas BIllings should pay the Condemnation of the Court thereupon or render his body in Execution of Such Judgment to the prison of the Sheriff of Somerset County or that he the said John Britt will do the Same for him &a Whereupon the said Thomas Billings by George Douglas his attorney Cometh and defendeth the force and Injury when &.a and prays Leave thereof to Imparle here untill next Court and he hath it & the same day is given to the afd James here also &a Att which said next Court to witt the Eighteenth day of march ann.o Dom One thousand seven hundred and thirty four Came againe as well the afd James Breman as the afd Thomas Billings by their attorneys afd and whereupon the said Thomas Billings as before defends the force and Injury when &.a and says that he did not assume upon himselfe in manner and form as the said James above against him hath Complained and of this he putts himselfe upon the Country and the afd plft also Thereupon it is Commanded the sheriff of Somerset County that Immediately he should Cause to Come here before the Justices of his Lordships County Court of Somerset now Sitting at dividing Creek in the County afd twelve &a by whom &.a and who neither &.a to recognize &.a because as well &.a and afterwards Immediately came thereof the Jury &.a and the Jurors of that same Jury by Joseph McClester Gent sheriff of the County afd to this Impannelled being Called Came to witt James Rownd John Dennis Junr Thomas Holbrook, James Jones Manny Robert Mitchell Thomas Lambden James Strawbridge Geo: Benston William Mills Lewis Jones Charles Townsend and Isaac Marshall who to say the truth in the premisses afd being duely Elected tryed and Sworn upon their Oath did say that the afd Thomas Billings did assume upon himselfe in manner and form as the said James Breman above against him hath Complained and ^they^ assessed the damages of the same James by him by Occasion of the non performance of the promise and assumption afd beyound his Costs and Charges by him about his suit in that part apposed to Eleven pounds tenn shillings Currant money &a Therefore It is Considered that the afd James Breman Recover against the afd Thomas Billings his damages afd by the Jurors afd in form afd assessed as also Six hundred & NInety Two 692 pounds of tobacco for his Costs and Charges afd to the same James by the Court here of his assent adjudged which Certain damages in ye whole do amount to Eleven pds ten shill Cur money and pds of tobo & the deft in Mercy &c |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 272 View pdf image |
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