Volume 767, Page 192 View pdf image |
March Court 1716 192 afd Deft~ in pleading above alleadged from having and maintaining his Accõn afd because by protestation there was not of any promise made by the Said Plt for plea Saith he did not assume to release or acquit the Said Deft~ of and from the payment of the Said Seven hundred pounds of Tobacco in the Said Declaration mentioned in Manner and forme as by the Said Deft above pleaded and this he prays may be Inquired by the Country &ca. TBowne pr Querr. And the Deft~ in like manner Johnson pr Deft Command was therefore given to the Sherf of Kent County that he Immediately cause to come here Twelve &ca. By whome &ca who neither &ca To Recognize &ca. Because as well &ca. And the Sherf came and made return that he had ready twelve as by his precept it was Commanded who being called likewise came vizt. John Hall William Graves Robert Green Daniel Cooley Richd Fillingham John Cole Charles Ringgold Vincent Hatcheson Richard Scaggs John Clarke Thomas Boots Abraham Ambrose which Jury being duely Elected tryd and Sworn and having heard the pleadings Evidences and allegations on both Sides do with draw to Consider on the premises and after Some time do again return and being called over as also the Pltf and Deft and being asked whether they are agreed on a verdict or not do Say they are agreed on~ a verdict and being demanded whether they find for the Plt or Deft do Say they find for the Plt~ and that the Plt~ did not assume to release or acquit ye Said Deft of and from the Payment of the Said Seven hundred pounds of Tobacco in the above Decln mentioned in manner and forme by the Said Deft above pleaded find Damages Seven hundred pounds of Tobacco with Cost and by John Hall there foreman all So Say The afd Plt by his attrney afd Prays Judgment on the Verdict of the Jurors afd. Therefore it is Considered by the Court here vizt. this Twenty third day of March Annoque Domini One Thousand Seven hundred and Sixteen That the afd Plt Daniel Ferrel do recover against the Said Deft William Woodland as well the afd Sume of Seven hundred pounds of Tobacco Damages by the Jury afd assessed on Account of his not performing his promise and assumption afd and also the Sume of Six hundred Sixty Eight pounds of Tobacco Cost by the afd Plt~ about his Suite in this behalfe Expended and by the Court here of his assent adjudged and the Said Deft in mercy &ca. Jams Smith Clk |
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Volume 767, Page 192 View pdf image |
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