Volume 861, Page 154b View pdf image |
August Court
1741
154 Sommorset County s.s Thomas Fletcher late of Somerset County Clark was returned to Answer unto Joshua Caldwell of a plea of that he render unto him twenty pounds Cash Maryland Currency and two hundred ^&^ Seventy pounds of tobacco which to him he owes and unjustly detains &c And Whereupon the said Joshua by Francis Allen his Attorney saith that whereas the said Joshua at a County Court of the Right Honrble the Lord propry of this province held at dividing ^Creek^ in the County af.d of Somerset in & for the said County of Somerset the third Tuesday of June Anno Dom Seventeen hundred and thirty five before John Smith Gent and his Associates Justices of the said County County Court then being by the Consideration of the said Court as Assignee of John Atkinson recovered against the said Thomas by the name of Thomas Fletcher late of Somerset County Clark al dict The Reverend Thomas Fletcher of the same County and province Gent as well a Certain debt of twenty pounds Cash Maryland Currency as also two hundred and Seventy pounds of tobacco which to the said Joshua in the same Court were adjudged for his damages which he had by Occasion of the detaining of the said debt as by the record and processe thereof in the said County Court of the Right Honrble the Lord proprietary here at Somerset County af.d more fully and at Large appears which Judgment as yett remains in his full Strength force and Effect in no Sort reversed vacated annulled or Satisfied and the said Joshua as yett hath not Sued out any Execution of the said Judgment by which Accon Accrues to the said Joshua to have and required of the said Thomas the af.d twenty pounds Cash maryland Currency and two hundred and Seventy pounds of tobacco Nevertheless the said Thomas tho' often required the said twenty pounds Cash Maryland Currency and two hundred and Seventy pounds of tobacco to the said Joshua as yett hath not rendred but the same to him hitherto to render hath denyed and still doth deny whereupon the said Joshua saith he is worse and hath damage to the value of Forty pounds Curr.t money of Maryland and thereupon he brings Suit &c Pledg.s &c John Doe R Roe A Copy of the foregoing declaration was made and sent to be served on the def.t with the writt af.d in order for a speedy Tryall Att which day here Came the af.d Joshua Caldwell by his Attorney af.d and the sheriffe to witt John Handy Gent now here returned that he had taken the af.d Thomas Fletcher whose body here at this day he had ready to answer the af.d Joshua Caldwell of the af.d plea as to him it was Commanded And further the af.d sheriffe returned that he had served the af.d Thomas with a Copy of the foregoeing declaration According to Act of Assembly in such Case made and provided &c And the aforesaid Thomas Fletcher by Robert Jenckins Henry his attorney Cometh and defendeth the force and Injury when &.a And thereupon the aforesaid Joshua Caldwell prays that the aforesaid Thomas Fletcher to his declaration afd may answer Whereupon the aforesaid Thomas hath untill Wednesday the second day of this term to him here given by the Court to answer &a And the same Thomas at the Same day altho' Solemnly Called to answer Cometh not nor the same attorney of the aforesaid Thomas for him the said Thomas saith nothing thereof in barr or preclusion of the action afd of the aforesaid Joshua by which the same Joshua Remaineth against the same Thomas thereof undefended &a Therefore it is Considered that the afd Joshua Caldwell Recover against the afd Thomas 371 pounds of tobacco to the Same Joshua of his assent adjudged by the Court here adjudged with Stay of Ex.n untill the tenth day of November then next following and the afd Tho.s in Mercy &a |
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Volume 861, Page 154b View pdf image |
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