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March Court 1761 81 well and truly to be made the Said John Did Bind himself firmly by the altho often Required the afd. Sum of three pounds Two Shillings and Six pence Curt Money afd. to the Said Outerbridge he hath not paid but the Same to him to Pay hitherto altogether hath denyed and Still doth deny altho the Same to do afterwards to wit the Same day and Year afd. at the County afd. and often Since that time by the Said Outerbridge was Required Whereupon the Said Outerbridge Says he is Worse and hath Damage to the Value of Ten Pounds Curt Money of Maryland & thereof he Brings Suit &c. Pledges &c. J: Doe & R: Roe Pledges of Pross. 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. Outerbridge Horsey by his Attorney afd. And the Sheriff to witt John Dennis Gent. now here Returned that he had taken the afd. John Weatherly whose body here at this day he had Ready to Answer the afd. Outerbridge Horsey of the afd. plea at to him it was Commanded And further the Same Sheriff Returned that he had Served the afd. John Weatherly with a Copy of the foregoing declaration According to Act of Assembly in Such Case provided Whereupon the Said John Weatherly at the Prayer of the afd. Outerbridge Horsey is Adjudged to give Special Bail to the Action afd. Thereupon a Certain Joseph Weatherly of Somerset County Planter present here in Court in his Proper person undertook for the Said John Weatherly that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said Outerbridge Horsey Against the afd. Weatherly or that he the Said John Weatherly Should be therein Convict that then he the Said John Weatherly Should pay and Satisfie unto the afd. Outerbridge Horsey 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 Joseph Weatherly will do the Same for him &c And the afd. John Weatherly in his Proper person Cometh and Defendeth the force and Injury when &c. And Prays Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of March then next following and he hath it and the Same day is given to the afd. Outerbridge here also &c. Att which day herre Came as well the afd. Outerbridge Horsey by his Attorney afd. as the afd. John Weatherly in his Proper person and the Said Outerbridge Horsey prays that the afd. John Weatherly to his declaration afd. may Answer Whereupon the Same John hath untill the Second Tuesday in May next to him Given by the Court here to Answer unto the afd. Outerbridge in the afd. plea And thereupon the Said John Weatherly at the Same day Solemnly Called to Answer Cometh not nor Saith Any thing for himself in bar or preclusion of the Action afd. of the afd. Outerbridge by which the Same Outerbridge Remains thereof Against the afd. John Weatherly undefended 246 Therefore it is Considered that the afd. Outerbridge Horsey Recover Against the afd. John Weatherly his Debt afd. and his Damages by Occasion of the Detention of that Same debt to Pounds of Tobacco to the Same Outerbridge of his Assent by the Court here Adjudged And the afd. John in Mercy &c. |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 81b View pdf image |
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