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Somerset County Judicial Records, 1760-1763
Volume 543, Page 260   View pdf image
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           June Court            1763              260
SW    John Daugherty

@      Command was Given to the Sheriff of Somerset County that he Should take Ezekiell
LD    Ezekiell Benston    Benson Late of Somerset County Planter 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 August Anno Dom. One thousand Seven hundred and Sixty two to
Answer unto John Daugherty of A plea of trespass upon the Case &c. And the Same day is given to the afd. John here &c
             And hereupon the Said John Daugherty Complained of the afd. Ezekiell Benston in the plea afd.
in form following       Somerset fst Ezekiell Benson Late of Somerset County Planter was Attached to Answer
unto John Daugherty of a plea of trespass upon the Case &c.
             And Whereupon the Said John by Samuel Wilson his Attorney Complains that whereas
the Said Ezekiell Benson after the first day of May in the Year of our Lord Seventeen hundred and
five to wit the fifth day of May in the Year of our Lord Seventeen hundred and Sixty two at the County afd
by his Certain note in Writing Comonly Called a Promissary note did Promise to pay to the Said John the Sum
of Six pounds four Shillings and four pence Current Money of Maryland for Value Received by means whereof
And by force of the Statute in that Case made and provided the Said Ezekiel became Chargeable to pay to the
Said John the Said Sum of Money as afd. when afterwards he Should be thereunto Required And So thereof
Chargeable being in Consideration thereof Afterwards to wit the day and Year Last afd. at the County afd
upon himself did Assume and to the Said John then and there faithfully promise that he the Said Ezekiell
the Said Sum of Money to the Said John when afterwards he Should be thereto Required would well
And faithfully pay and Content According to the force form and Effect of the note afd Nevertheless
the Said Ezekiell his Promise and Assumption afd. So as afd. made not Regarding but plotting and fraudulently
intending him the Said John in that behalf Craftily and Subtilly to deceive and defraud the Said Sum
of Six Pounds four Shillings and four pence Current Money afd. or Any part thereof to the Said John hath
not paid or him for the Same in Any Sort hitherto Contented but the Same to him to pay hitherto hath
Refused and Still doth Refuse altho thereto afterwards to wit the day and Year Last afd. at the
County afd. and often Since by the Said John Required to the Damage of the Said John the Sum of Ten
Pounds Current Money of Maryland and therefore 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    Att
which day here Came the afd. John Daugherty by his Attorney afd. and the Sheriff to witt Ephraim Wilson now here
Returned that he had taken the afd Ezekiell Benson whose body here at this day he had Ready to Answer the afd
John Daugherty of the afd. plea as to him it was Commanded And further the Same Sheriff Returned that he
had Served the afd Ezekiell Benson with a Copy of the foregoing decln According to Act of Assembly in Such Case
Provided &    Whereupon at the Same day the afd. Sheriff being Solemnly Called to bring the body of the afd. Ezekiell
Benson Agreeable to the Return of the Writt afd. thereupon the afd. Sheriff Assigned unto the afd Plft. the bail
Bond which he had taken for his Indemnification which the afd. John Daugherty Excepted of and Issued out
his Lordships Writt thereon Against the afd Ezekiell Benson as follows Vizt Command was given to the
Sheriff of Somerset County that he Should take Ezekiell Benson Late of Somerset County Planter Otherwise
Called Ezekiell Benson of Somerset County Planter 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 November Anno Dom. one thousand Seven hundred
and Sixty two to Answer unto John Daugherty Assignee of Ephraim Wilso Sheriff of the County of Somerset
According to the form of the Statute in Such Case Lately made and provided of A plea that he Render him
Eight thousand Pounds of Tobacco which to him he Owes and unjustly detains and So forth And the Same
day is given to the afd. John here &c       Att which day here Came the afd John Daugherty by Saml Wilson his

Attorney   



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Somerset County Judicial Records, 1760-1763
Volume 543, Page 260   View pdf image
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