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March Court 1763 205 John Elliott of the afd plea as to him it was Commanded &c And further the Same Sheriffe Returned that the afd Jacob Scott was not found in his Bailywick &c Whereupon at the prayer of the afd John Elliott the afd John Records is adjudged to give Special Bail to the ac -tion afd Thereupon a certain Richard Waller and Lazarus Huffington both present here in Court and Each of them undertook es in their proper persons undertook ^ for the said John Records and assumed upon themselv^ that if it should Happen that Judgement in the plea afd should be rendred for the said John Elliott against the afd John n Records or that the said John Records should be therein Co^vict^ that then he ^ should pay and Satisfy unto the said John Elliott the Judgement of the Court thereupon or render his body in Execution of Such Judge -ment to the prison of the sheriff of the county afd. in Satisfaction thereof or that they the said Ri and Each of them -chard Waller, and Lazarus Huffington ^ will do the same for him &c And Hereupon the afd John at Law Records puts in his place Samuel Wilson Gent attorney ^ against the afd John Elliott of the afd plea And Hereupon at the prayer of the parties afd Day is to them now here given untill Next Court to be held at princess Ann Town the third tuesday of June then next following in the state that now save -ing to the parties afd Att which day here Came the parties afd by their attorneys and hereup -on the afd John Elliott Complained against the afd John Records in the plea afd in form following Somerset fst John Records Late of Somerset County planter and Jacob Scott Late of Somerset County Planter were Summoned to answer unto John Elliott Junr of a plea of Covenant Broken and So Forth And Whereupon the said John Elliott Junr by William Hayward his Attry Says that by a certain writing made the twenty Ninth day of August Anno Dom. Seventeen hundred and fifty Five at Somerset County afd which the said John Elliott Junr with the seals of the afsd John Records and the afd Jacob Seal -ed here into Court brings whose date is the same day and Year afsd it is Testifyed that the said John Records & the said Jacob Did Covenant and promise to pay unto the said John Elliott Junr Seventeen hundred Cyprus Boards to be Eight Inches broad and one Inch on the Sap Edge One thousand to be four Foot four Inches Long And Seven hundred of said Boards to be five foot and four Inches Long to be delivered at the said Elliotts Landing at or before the Next day of March Next Ensuing the date hereof which Said Parcels of Shingles are of the Value of Seven pounds and ten shillings Current Money of Maryland as by the writing afsd fully appeareth yet the said John Records and Jacob Scott the afsd. Cyprus Boards afsd. of Lenghth Breadth and thickness afd which are of the Value afd unto the said Elliott at or before the first day of March Next following the date of the writing afd or at any Time Since at the afd Elliotts Landing hath not delivered nor paid and So the said John Elliot says that the afd John Records and the said Jacob their Covenant afd with him the said Elliot in this behalf made hath not performed to him but broke and hath altogether denyed and Still Doth Deny to perform it To him to the Damage of the said Elliot Twenty pounds Current money of Mary -land and thereof he brings his Suit &c pledges &c J Doe & R Roe And Hereupon the afd John Records by his Attorney afsd. Comes and Defends the force and injury when &c & prays Leave thereof to Imparle Here untill Next Court to be held at princess Ann Town the third tues -day of August then Next following and he hath it and the same day is given to the afd John Elliot here also &c Att which day here Came the parties afd by their Attorneys afd and hereupon the afd John Records prays further Leave thereof to Imparle here untill Next Court to be held at princess Ann Town the third tuesday of Novem -ber then next following and he hath it and the same day is given to the afd John Elliot here also &c Att which day here Came as well the afd John Elliott as the afd John Records by their Attorneys afd and hereup -on the afd John Records prays further Leave thereof to Imparle Here untill 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 Elliott here also &c |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 205 View pdf image |
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