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November Court & nbsp; 1762 187 of the afd. plea as to him it was commanded Whereupon the said Richard Nicholson at the prayer of the afd. John Talbot is adjudged to give special Bail to the action afd. Thereupon a certain John Records present here in court in his proper person undertook for the said Richard Nicholson and assumed upon himself that if it should happen that Judgement in the plea afd. should be rendred for the said John Talbot against the afd. Richard Nicholson or that he the said Richard Nicholson should be there -in convict that then he the said Richard should pay and satisfie unto the afd. John the Judgement of the court thereupon or render his body in Execution of such Judgement to the prison of the sheriff of somerset county afd. in satisfaction thereof or that he the said John Records will do the same for him &c And hereupon the said Richard Nicholson puts in his place Littelton Dennis Gent attor -ney at Law against the afd. John Talbot of the afd. plea And hereupon at the prayer of the parties afd. day is to them now here given until next Court to be held at princess Ann Town the third tuesday of November then next following in the state that now saveing to the parties afd. &c at which day here came the parties afd. by their Attor -neys afd. and hereupon the said John complained against the afd. Richard in the plea afd. in form following Somerset fst Richard Nicholson Late of somerset county planter was attached to answer unto John Talbot of a plea of trespass upon the case & so forth And Whereupon the said John by Geo Hayward his Attorney complains that whereas the said John the day of Anno Dom. MDCCL was appointed by Worcester county court as Guardian to a certain Unice Bredy and in consequence thereof ordered to take into his hands & Possess -ion all the Estate belonging unto the said Unice Bredy and Whereas afterwards to wit the day of Anno Dom MDCCL at the county afd. a certain communication was had and moved by and between the said John and the said Richard of and concerning the said John his delivering the said U -nice Bredy together with her Estate into the hands of him the said Richard and the said Richard his Indemnifying the said John against any claim of the said Unice and on that communica -tion so as afd. had and moved it was on the day and Year last afd. at the county afd. Agreed by ad between the said John and the said Richard that the said John should deliver the custody and keeping of the said Unice with all her estate to the said Richard and that the said Richard should thereafter Indem -nify him the said John against the claim of the said Unice and in consideration that the said John on the day and Year last afd. at the county afd. promissed to perform the agreement afsd. on his part to be performed the said Richard then & there faithfully promissed to perform the agreement afsd. on his part to be performed and the said and the said John in Fact says that he giving faith and credit to the promise and undertaking afsd. of the afd. Richard afterwards to wit the day and Year last afd. at the county afd. did deliver the said Unice together with all her Estate into the custody and keeping of the said Richard Yet the said Richard his promise and undertaking afsd. in no sort observing but contri -ving to injure and oppress the said John in this particular hath not Indemnified him the said John against the claim of the said Unice but knowingly hath suffered Her the said Unice to claim against him the said John and to compel him the said John to pay and satisfie unto her the amount of her Estate Whereupon the said John says he is worse and hath damage to the Value of thirty pounds Current money of Maryland and thereof he brings Suit & so forth J Doe, R Roe Pledges of prosg. And the afd. Richard Nicholson by his Attorney afd. comes & Defends the force and Injury when &c and prays leave thereof to imparle here until next court to be held at princess Ann Town the third tuesday of March then next following and he hath it and the same day is given to the afd. John here also &c. Att which day here came as well the afd. John Talbot as the afd. Richard Nicholson by their attorneys afd. and hereupon the said Richard prays further leave thereof to Imparle here untill next court to be held at princess Ann Town the third tuesday of June then next following & he hath it and the same day is given to the afd. John here also &c. Att |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 187 View pdf image |
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