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Somerset County Judicial Records, 1760-1763
Volume 543, Page 145   View pdf image
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             June Court              1762              145
GH    Smith Horsey

@    Command was Given to the Sheriff of Somerset County that he Should take Elijah
WH LD    Elijah Tull    Tull Late of Somerset County Mariner Otherwise Called I if he Should be found in his Bailywick
And him Should Safe keep so that he might have his body before the Justices of his Lordships County Court of
Somerset to be held at Princes Ann Town the third Tuesday of June Anno Dom. one thousand Seven hundred
and Sixty One to Answer unto Smith Horsey of a plea that he Render unto him the Sum of Eighteen pound Curt
Money of Maryland which to him he Owes and unjustly detains and thirty Six Bushells of Indian Corn of
the Value of five pounds Curt Money of Maryland which from him he unjustly detains and So forth and the Same
day is Given to the afd. Smith here &c.
           And hereupon the Said Smith Complained Against the afd. Elijah in the plea afd. in
form following    Somerset fst Elijah Tull Late of Somerset County Mariner Otherwise Called I was
Summoned to Answer unto Smith Horsey of A plea that he Render unto him the Sum of Eighteen pound Curt
Money of Maryland which to him he Owes and unjustly detains and thirty Six Bushells of Corn of the Value
of five Pounds Curt Money of Maryland which from him he Unjustly detains and So forth
           And Whereupon the Said Smith by George Hayward his Attorney Says that whereas the Said Elijah
on the Twenty Second day of September in the Year of our Lord one thousand Seven hundred and fifty five at Somerset
County afd. by his bill Obligatory which the Said Smith with the Seal of the Said Elijah Sealed and now Shewn
to the Court the date whereof is the Same day and Year afd. Acknowledged himself to Owe and be Indebted unto
the Said Smith in the Sum of Nine pounds Curt Money of Maryland and Eighteen Bushells of Corn of
the Value of Two pounds and ten Shillings Curt Money of Maryland for Value Received of him to be paid to the
Said Smith when he the Said Elijah Should be thereto afterwards Required and that Such Payment made
might be truly and faithfully made he the Said Elijah did by the Same Bill bind himself his heirs and Assigns
in the Penal Sum of Eighteen Pounds Like money and thirty Six Bushells of Corn of the Value of five pound
Curt Money of Maryland and the Said Smith in fact Saith that the Said Elijah hath not paid to him the Said
Smith the afd. Sum of Nine pound Curt Money afd. and Eighteen Bushells of Corn of the Value of Two pounds ten
Shillings Curt Money afd. According to the Intent and Purport of the Bill Obligatory afd. by means whereof
Action Accrued to the Said Smith to demand and have of the Said Elijah the afd. Sum of Eighteen pound
Curt Money afd. and thirty Six Bushells of Corn of the Value of Five pound Curt Money afd. Nevertheless the
Said Elijah tho often Required the afd. Sum of Eighteen pounds Curt Money afd. and thirty Six Bushells of
Corn of the Value of five pounds Curt Money afd. unto the Said Smith hath not paid but the Same to him to pay
hitherto altogether hath Refused and Still doth Refuse and Unjustly detain Whereupon the Said
Smith Says he is Worse and hath damage to the Value of Eighteen pounds Curt Money of Maryland and
thereof he brings Suit and So forth                                                           Pledges &c. J: Doe & R: Roe
      A Copy of the foregoing declaration was made and Sent to be Served on the deft. in order for Speedy tryall or
Left at Last place of Abode       Att which day here Came the afd. Smith Horsey by his Attorney afd. And the Sheriff
to witt John Dennis Gent now here Returned that the afd. Elijah Tull was not found in his Bailywick but that
he had Left a Copy of the foregoing declaration at the Last place of the Abode of the afd. Elijah Tull &c
                                                               the
      And afterwards in the Said Court Came ^ afd. Elijah Tull by Wm. Hayward his Attorney and offered himself
against the afd. Smith Horsey in the afd. plea and to Give Special Bail to the Action afd.    Thereupon a Certain
Samuel Tull of Somerset County Planter Present here in Court in his proper person undertook for the Said
Elijah Tull and Assumed upon himself that if it Should happen that Judgment in the plea afd. Should
be Rendred for the Said Smith Horsey Against the afd. Elijah Tull or that he the Said Elijah Tull
Should be therein Convict that then he the the Said Elijah Tull Should pay and Satisfie unto the afd.
Smith Horsey the Judgment of the Court thereupon or Render his body in Execution of Such Judgment to the
Prison of the Sheriff of the County afd. in Satisfaction thereof or that he the Said Samuel Tull will do the Same
for him &c.       And the afd. Elijah Tull by his Attorney afd. Comes and defends the force and Injury when &c. And
Prays Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of August
then next following in that State that now Saving to the parties afd. &c And he hath it and the Same day is Given to
the afd. Smith here also &c       Att which day here Came as well the afd. Smith Horsey as the afd. Elijah Tull by
their Attorneys afd. And hereupon the Said Elijah prays farther Leave thereof to Imparle here untill next Court

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Somerset County Judicial Records, 1760-1763
Volume 543, Page 145   View pdf image
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