Volume 543, Page 151b View pdf image |
June Court 1762 151 And the afd. Edward Ellis in his proper person Comes and Defends the force and Injury when &c. And Saith that he Cannot deny the Action afd. of the afd. Mills & Eden nor but that he did Assume upon himself in Manner & form as the afd. Mills & Eden Against him hath Complained nor but that the Said Mills & Eden hath Sustained Damages by Occasion of the premisses beyond their Costs & Charges by them About their Suit in that part Apposed to thirteen pound twelve Shillings and Eleven pence half penny Curt Money of Maryland and not More and because the afd. Mills & Eden deny not this but the Same Allegation Grant to be true pray Judgment for those damages above Acknowledged together with their Costs and Charges afd. to them to be Adjudged &c Therefore by Consent of the parties afd. it is Considered that the afd. Mills & Eden Recover agst. the afd. Edward Ellis his Damages afd. to the afd. thirteen pounds twelve Shillings and Eleven pence half penny Curt Money by the Same Edward in 54 form afd. Acknowledged as also Pounds of tobacco for his Costs and Charges afd. to the Same Mills & Eden at his Request by the Court now here of the Assent of the parties afd. Adjudged which Certain Damages in the Whole Amount to thirteen pound twelve Shillings and Eleven pence half penny Curt Money and Pounds of Tobacco and the afd. Edward in Mercy &c
afd. James Mills and John Eden by Josiah Polk their Attorney and the sheriff to wit Ephraim Wilson now here returned that he had taken the afd. Thomas Toadvine Whose body here at this day he had ready to answer the afd. Mills and Eden of the afd. plea as to him it was commanded & So forth Whereupon the said Mills and Eden complained against the afd. Thomas Toadvine in the plea afd. in form following Somerset fst Thomas Toadvine late of Somerset County Planter was attached to answer unto James Mills and John Eden of a plea of trespass upon the case &c And Whereupon the said James and John by Josiah Polk their Attry. complain that whereas the said Thomas on the Twenty fourth day of September Anno Dom. MDCCLXI at the county afd. was Indebted unto the said James and John in the sum of thirteen pound twelve shillings and ten pence half penny Currents money of Maryland for the articles in the account hereto annexed mentioned and so thereof Indebted being the said Thomas in consideration thereof afterwards to wit the day and year afd. at the county afd. upon himself did assume and to the said James and John then and there faithfully promise that he the said Thomas when he should be thereto afterwards required the sum of money afd. to the afd. James and John he would faithfully pay and content Nevertheless the said Thomas his promise and assumption afd. in form afd. made not regarding the sum of money afd. to the afd. James and John he hath not paid nor them for the same in any Sort Contented but that to do altogether hath refused and still doth refuse altho the same to do after_ -wards to wit the day and year afd. at the county afd. and often since that time by the said James and John Required to the damage of the said James and John thirty pounds Current Money afd. and thereof they bring Suit &c Pledges &c J Doe & R Roe
to the afd. Seven pounds two shillings and seven pence half penny Curt Money by the same Thomas in form afd. acknowledged as also pounds of Tobacco for their costs and charges afd. to the same Mills & Eden at their request by the court now here of the assent of the parties afd. adjudged which certain damages in the whole amounts to seven pounds two shillings and seven pence half penny Curt Money and 214 pounds of Tobacco and the afd. Thomas in Mercy &c |
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Volume 543, Page 151b View pdf image |
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