Volume 543, Page 205b View pdf image |
March Court 1763 205 Att which day here Came as well the afd. John Elliott as the afd John Records by their Attorneys afd And hereupon the Said John Records as before defends the force and Injury when &c. And Saith that he Cannot deny the Action afd. of the afd. Elliott nor Can he Say that he kept his Covenant with the afd. Elliott but hath altogether broke the Same in Manner and form as the afd. Elliott Above Against him hath declared and as to the Damage of the Said Elliott by him by Occasion of the Breach of the Covenant afd in that part Sustained the Same Records Saith and Acknowledgeth that the afd. Elliott hath Sustained Damages by Occasion of the Breach of the Covenent afd. beyond his Costs and Charges by him about his Suit in that part Apposed to Seven pound ten Shillings Curt Money of Maryland and not More and because the afd. Elliott denys not this by the Same Allegation Grants to be true prays Judgment for those damages Above Acknowledged together with his Costs and Charges afd. to him to be Adjudged Therefore by Consent of the parties afd it is considered that the afd John Elliot Recover again -st the afd John Records his damages afd to the afd Seven pounds ten shillings Curt Money by the afd 223 1/2 John Records in form afd acknowledged as also pounds of Tobacco for his Costs and charges afd To the same John Elliott at his request by the Court now here of the assent of the parties afd adjudged which certain Damages in the whole amount to Seven pounds Ten shillings Curt Money and pounds of Tobacco and the afd John Records in Mercy &c
he might Have his Body before the Justices of his Lordships County Court of Somerset To be heldt at prin -cess Ann Town the third Tuesday of March Anno Dom. one thousand Seven hundred and Sixty two To Answer unto Moses Allen of a plea of trespass upon the case &c & the same day is given to the afd Moses here also &c Att which day here Came the afd Moses Allen by Josiah Polk his Attorney and the sheriff to witt Ephraim Wilson now here returned that he had taken the afd John Records whose body here at this day he had ready to answer the afd Moses Allen of the afd plea as to him it was command -ded Whereupon at the prayer of the afd Moses Allen the afd John Records is adjudged to give Special Bail to the action afd Thereupon a certain Richard Waller & Lazarus Huffington both and Each of them undertook present here in Court in their proper persons undertook ^ for the said John Records and assumed upon themselves that if it should Happen that Judgement in the plea afd. Should be rendred for the said Moses Allen against the afd John Records or that he the said John should be therein Convict that then the Said John Records he ^ should pay and Satisfy unto the afd Moses Allen the Judgement of the Court thereupon or render his in Satisfaction thereof Body in Execution of Such Judgement To the prison of the sheriff of the county afd ^ or that they the said and Each of them Richard Waller & Lazarus Huffington ^ will do the same for him &c And Hereupon the afd John Records Puts in his place Samuel Wilson Gent Attorney at Law against the afd Moses Allen 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 the third tuesday of June then next following in the state that now saving to the parties afd Att which day here came the parties afd by their Attorneys afd and hereupon the afd Moses Al -len complained against the afd John Records in the plea afd in form following Somerset fst John Records Late of Somerset County planter was attached To answer unto Moses Allen of a plea of Trespass upon the Case &c And Whereupon the said Moses by Josiah Polk his Attorney complains that whereas the said John on the fifteenth day of June Anno Dom. one thousand Seven hundred and Sixty one at Somerset County afd was Indebted unto the said Moses in the sum of Five pounds ten shillings and Six pence Current Money of Maryland for the articles in the account hereto annexed mentioned and So thereof |
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Volume 543, Page 205b View pdf image |
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