Volume 106, Page 126 View pdf image |
(126) June 14th. 1690 Same Comrs as aforesd. Somerset County Ss // John: Dorman of Somerset Mr. George Layfield: Plt. County Planter was sumoned to answer unto George:Layfield agt. and Elizabeth his Wife Executrx of the last Will and John: Dorman Defdt. testament of Coll. Wm: Stevens decd of a plea that he render unto them the full and just sum or quantity of eighteen hundred eighty and four pounds of tobacco good sound Merchantable tobacco and Caske to contain the same which from them he unjustly deteineth &c. - - - - - - - And whereupon the sd George and Elizabeth by Peter Dent their Attorney say that the sd John the 15th day of ffebruary in the year of our Lord 1686/7 att Monocan within the Jurisdiction of this Court by his certain Bill Obligatory which the said George and Elizabeth, with the seal of the sd John. signes bringeth here into Court the date whereof is the day and year aforesd acknowledged himselfe to be bound to the sd William Stevens in his life time in the said Sum of Eigteen hundred eighty and four pounds of tobacco and Caske due to be paid to the sd Wm. in his life time, to the which payment, well payment well and truly to be made the John bound himselfe firmly by the sd Bill, Nevertheless the sd John the sd sum of 1884 Pounds of tobacco and Caske although often demanded the same to the said Wm in his lifetime or to the sd Elizabeth while she was sole and unmarryed, nor to the sd George & Elizabeth, since the marriage between them had and solemnized nor to any of them hath not rendred but hath hitherto denyed and doth still deny to the damage of the sd George and Elizabeth of 3000 pounds of tobacco and thereof they bring ther suit &c. And They bring into Court the lrs Dent pr Quer John: Doe Testamentory of the sd William &c. Plegs on. Rich: Roe. The Defendt. being called, but not appearing Itt is Ordered, that the sheriffe produce the sd Dorman next Court (viz) the second tuesday in August. Richard: Murrah. Plt Somerset County Thomas: Morris was attached to answer unto Rich: agt. Murrah. of a plea of trespass upon the Case &c. Thomas: Morris. Deft. And whereupon the sd Richard by Peter Dent his Attorney, complaineth that whereas the sd Thomas the 12. day of Janry in the yeare of our Lord 1689 att the sea side within the Jurisdiction of this Court was indebted to the sd Richard in the sum of three hundred sixty and two pounds of tobacco by the sd Richard at the espetiall instance and request of the said Thomas, and for the proper debt of him the sd Thomas to John. Webb of this County Innholder, satisfied and paid, and the sd Thomas to the sd Richard in manner aforesd being indebted the sd Thomas in Consideration thereof did assume upon him Selfe and to the said Richard then and their faithfully promise that he the sd Thomas the sd Sum of three hundred sixty two pounds of tobacco to the sd Richard when he should be thereunto requested, would well and truly content and pay Nevertheless the sd Thomas his promise and assumption aforesd not regarding but minding and fraudulently intending him the sd Richard in this behalfe craftily and Subtilly to deceive and defraud the the Sum of 362 Pounds of tobacco or any part thereof to ye sd Rich hath not paid although the sd Thomas to doe the same by the sd Richard afterwards was requested but hath hitherto refused and doth still // |
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Volume 106, Page 126 View pdf image |
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