Volume 543, Page 72b View pdf image |
March Court 1761 72 to pay hitherto Altogether hath Refused and Still doth Refuse and unjustly deny Whereupon the Said Smith Says he is Shilling & Six pence Worse and hath Damage to the Value of forty Six pounds ^ Curt Money of Maryland and thereof he brings Suit and So forth Pledges &c. J: Doe & R: Roe Whereupon the Said John Evans at the prayer of the afd. Smith Horsey is Adjudged to give Special Bail to the Action afd. Thereupon Court in his proper person undertook for the Said John Evans that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said Smith Horsey Against the afd. John Evans or that he the Said John Evans Should be therein Convict that then he the Said John Evans Should pay and Satisfie unto the afd. Smith Horsey the Judgment of the Court thereon or Render his body in Execution of Such Judgment to the prison of the Sheriff of the County afd. in Satisfaction thereof or that he the Said Littleton Dennis Will do the Same for him &c And the afd. John Evans by Littleton Dennis his Attorney Comes and defends the force and Injury &c. And Saith that he Cannot deny the Action afd. of the afd. Smith Horsey nor but that the Writing Obligatory afd. is the deed of him the Said John nor but that he Oweth the afd. Smith the afd. forty Six pound One Shilling and Six pence Curt Money in Manner and form as the afd. Smith Above Against him hath declared Therefore it is Considered that the afd. Smith Horsey Recover Against the afd. John Evans his Debt afd. and 261 1/4 his Damages by Occasion of the detention of that Same debt to Pounds of Tobacco to the Same Smith of his Assent by the Court here Adjudged And the afd. John in Mercy &c
body before the Justices of his Lordships County Court of Somerset to be held at Princes Ann Town the third Tuesday of March Anno Dom. one thousand Seven hundred and Sixty one to Answer unto Smith Horsey of A plea that he Render him forty Six pounds One Shilling and Six pence Curt. Money of Maryland which to him he Owes and unjustly Detains and So forth And the Same day is given to the afd. Smith here &c. Att which day here Came the afd. Smith Horsey by William Hayward his Attorney and the Sheriffe to witt John Dennis Gent. now here Returned that he had taken the afd. Bell Maddox whose body here at this day he had Ready to Answer the afd. Smith Horsey of the afd. plea as to him it was Commanded Whereupon the Said Smith Horsey declared Against the afd. Bell Maddox in the plea afd. in form following Somerset fst Bell Maddox Late of Somerset County Planter Otherwise Called Bell Maddox of Somerset County in Maryland planter was Summoned to Answer unto Smith Horsey of A plea that he Render him the Sum of forty Six pounds One Shilling and Six pence Curt. Money of Maryland which to him he Owes & unjustly detains and So forth And Whereupon the Said Smith by William Hayward his Attorney Says that Whereas the Said Bell the ix day of Aprill Anno Dom. MDCCLVii at Somerset County afd. by his Certain Writing Obligatory which the Said Smith with the Seal of the Said Bell Sealed here to the Court Shews whose date is the Same day and Year afd. Acknowledged himself to be held and firmly Bound unto the Said Smith in the Sum of Forty Six pounds One Shilling and Six pence Curt. Money of Maryland to be paid to the Said Smith when he the Said Bell Should be thereto Afterwards Required Nevertheless the Said Bell tho' often thereto Required the Sum of Money afd. unto the Said Smith hath not paid but the Same to him to pay hitherto Altogether hath Refused and Still doth Refuse and unjustly deny whereupon the Said Smith Says he is Worse and hath damage to the Value of forty Six pounds one Shilling and Six pence Curt Money of Maryland and thereof he brings Suit and So forth Pledges &c. J: Doe & R: Roe Whereupon the Said Bell Maddox at the prayer of the afd. Smith Horsey is Adjudged to give Special Bail to the Action afd. Thereupon a Certain Michael Holland Junr of Somerset County planter present here in Court in his proper person undertook for the Said Bell Maddox that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said Smith Horsey Against the afd. Bell Maddox or that he the Said Bell Should be therein Convict that then he the Said Bell Should pay and Satisfie unto the afd. Smith the Judgment of the Court thereupon or Render his body in Execution of Such Judgment to the Prison of the Sheriff of the County afd. in Satisfaction thereof or that he the Said Michael Holland Jr will do the Same for him &c And the afd. Bell Maddox by Littleton Dennis his Attorney Comes and defends the |
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Volume 543, Page 72b View pdf image |
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