| Volume 191, Page 125 View pdf image (33K) |
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( 125 ) June ye: 12th. 1691 - - - - - - - - - - Thomas Tull: Plt. Somerset County Ss. Robert: Miller of this County was attached to Contr. answer unto Thomas: Tull. in a plea of debt . - - - - - - - - - - - Robert: Miller. Deft. - - - - - - - - - - - - - - - And whereupon the plt by Edward Jones his Attorney comes and sayes that the deft upon the 24th day of ffebruary in the year of our Lord 1687.then became indebted unto the plt to maul the just quantity of three hundred loggs good and Suffitient for fencing,as doth more plainly appear, by a Certain wrighting under the hand of the deft, and here in Court produced but the deft litle regarding his promise and Assumption but fraudulently intending the plt to deceive in the sume of 300: good Sufficient logs. although often thereunto required, but hath denyed to pay, and still doth deny --- whereupon the plt Saith he is damnified and hath losse to the value of Six hundred of the like loggs and thereupon bring his suit pr Quer. --- Edward: Jones. C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The deft. by James: Sangster his Attorney Comes and defends the force and injury and saith and Saith ye deft had no Consideration for the sd Bill, but was connivingly purchased by ye plt threatning to Sue him: pretending that he had Order to Sue him for a foreign debt contracted in Accomack and when the deft had hired a man to maul the sd loggs, he sd it was not worth the while, and freely forgave the deft. but Since he hath wrongfully Sued the deft. who never denyed to maul them, when falld and cutt off and this the defendt. pleads in barr. Ja: Sa. here followeth Ro:Millers Bill (viz) This Bill bindeth me Robert: Miller. of Somerset County me my Heirs, Execcutors. or Admrs. to maul three hundred fence Loggs for Thomas: Tull. upon his Plantation at or upon the 10th. day of November next ensueing the date hereof as wittness my hand this 24th: day of ffebruary Ano. Do. 1687/8 Tests./ his marke. Tho: Poole. Robert: R: Miller. ? Sealed his marke William: ? Steel. The totall proceedings being left to the Consideration of this Court to determine, who having considered the premises as also the Oath of James: Smith. to Order a Non Suit agt the plt. The deposition of William: Steel. Steel.. showeth that he hath attended twelve dayes, as an Evidence upon the Controversie between. Thomas:Tull & Robert: Miller, being Sumoned upon the accot of Thomas. Tull. Sworn before us: James: Round. John: King. Edward: Wheeler cometh before me and made Oath that he hath attended Six dayes as an Evidence between Angell:Richardson and James:Brookshaw. being Sumoned by the Order of James Brookshaw Sworn in Open Court before Samll. Hopkins. - - - - - - - - - - - - - - - - - - - - - - Major Ambrose London as in folio 86: being Comitted into the Sheriffs Custody Comes this day and brings his Security Teague Riggen. And the sd Ambrose did acknowledge pr Recogniz. to be indebted to their Maties in ye. Sum of 10,. and yy sd Teague in 5, . sterl money to leavied on their goods &c. The Condition of which RecognZ is such that the sd Major be of his good abearance dureing Courts pleasure then the Recog. void.else in force &c |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 125 View pdf image (33K) |
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