Volume 543, Page 144 View pdf image |
June Court 1762 144 Court Shews whose date is the Same day and Year afd. Acknowledged himself to be held and firmly bound unto the Said John in the Sum of forty Pounds Curt Money of Maryland to be paid to the Said John when he the Said Mitchell Should be thereto afterwards Required Nevertheless the Said Mitchell tho often thereto Required the afd. Sum of forty pounds Curt Money of Maryland to the Said John hath not paid but the Same to him to pay hitherto altogether hath Refused and Still doth Refuse and unjustly detain Whereupon the Said John Says he is Worse and hath damage to the Value of Forty Pounds Curt Money of Maryland and thereof he brings Suit and So forth Pledges &c. J: Doe & R: Roe And the afd. Mitchell King by his Attorney afd. Comes and defends the force and Injury when &c. And Saith that he Cannot deny the Action afd. of the afd. John Adams nor but that the Writing Obligatory afd. is the deed of him the Said Mitchell nor but that he Oweth the afd. John Adams the afd. forty Pounds Curt Money in Manner and form as the afd. John above against him hath declared Therefore it is Considered that the afd. John Adams Recover Against the afd. Mitchell King his Debt afd. and his Damages by Occasion of the detention of that Same 515 1/4 debt to Pounds of Tobacco to the Same John of his Assent by the Court here Adjudged and the afd. Mitchell in Mercy &c Memm Plfe Releaseth all the above Subr but Principall Debt Interest & Costs &c
found in Your Bailywick to the Value of Six Pounds Eighteen Shillings and ten pence half penny Curt Money and Eight hundred pounds of Tobacco and when you have the Same Attached or Any part thereof the Same in Your Custody Safe keep so that you have the Same before our Justices of our County Court of Somerset to be held at Princes Ann Town the third Tuesday of March Next then and there to be Condemned to and for the use of a Certain Ephraim King and Thomas Wilson Unless the Said James Smith by himself or his Attorney Shall Appear and Answer unto the Said Eph. King and Thomas Wilson of A plea of trespass upon the Case &c. According to Law and that by Good and Lawfull men of your Bailywick you make known unto the person or Persons in Whose hands you Make the Same Attachment that he She or they be and Appear before our Justices of our County Court of Somerset to be held at Princes Ann Town afd. to Shew Cause if Any he She or they have why the Same Goods Chattles and Credits So Attached in his her or their hands Ought not to be Condemned and Execution thereof had and Made According to Act of Assembly in Such Case Provided if to him her or them it Shall Seem Meet and how you Shall Execute this Writt that you make known unto our Said Justices at the day and place afd. and have you then and there this Writt Witness Isaac Handy Esqr one of our Justices of our Said Court the 22d day of Novr. Anno Dom. 1760 Att which day here Came the afd. Ephraim King and Thomas Wilson by Wm. Hayward their Attorney and the Sheriff to witt John Dennis Gent Returned the afd. Writt of Attachment Indorsed in Manner following Somerset fst By Virtue of the within Writt to me directed I hereby Certify the Justices within mentioned that on the 22d of Janry 1761 I Attached Sundry of the Goods and Chattles of the within mentioned James Smith to the Amount of five pounds ten Shillings Curt Money which I have Ready for the purposes within mentioned and that I then at the County afd. within my Bailywick also attached the Amount of the Residue of the debt and Costs Attached Severally in the hands of John Kellum, Joshua Whittington and John Carmichael and that I then and there by John Graham and John Doe Good and Lawfull men of My Bailywick made known to the Said persons Severally to be and Appear at the time and place within Mentioned to Shew Cause as within Mentioned So Answers J Dennis Shef Allen his And the afd. John Carmichael Garnishee of the afd. James Smith by William ^ Attorney Comes and prays Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of June then next following and also he hath it and the Same day is Given to the afd. King and Wilson here ^ &c Gar afd. Att which day here Came as well the afd. Eph: King and Thomas Wilson as the afd. John Carmichael ^ by their Attorneys afd. And hereupon the Said John prays further Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of August then next following and he hath it and the Same day is Given to the afd. King and Wilson here also &c. Att which day here Came as well the afd. Ephraim King and Thomas Wilson as the afd. John Carmichael by their Attorneys afd. And hereupon the Said John prays further Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of November then next following and he hath it and the Same day is Given to the afd. King and Wilson here also &c. Att which day here Came as well the afd. Eph King and Thomas Wilson As the afd. John Carmichael by their Attorneys afd. And hereupon the Said John prays further Leave thereof |
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Volume 543, Page 144 View pdf image |
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