Volume 839, Page 104 View pdf image |
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August
Court
1723
104
the County Court of Somersett to be held at Dividing Creek the third tuesday of august then next to answer unto Benjamin Wailes of a plea of trespass upon the Case &c and that thereof he should not fail &c and the Said Benj.a Wailes by Francis Allen his attorney declares against the said Richard Holland adm.r as afd in the plea afd as followeth viz.t Somersett County fs Richard Holland of allhollows parish in Somersett County planter administrator of all and singular the goods and Chattles rights and Creditts of Charles Shewell Late of the County afd dec.d was attached to answer unto Benjamin Wailes of a plea of trespass upon the Case &c And whereupon the said Benjamin by Francis Allen his attorney Complaines that Whereas the said Charles in his Life time to witt the first day of November ann Dom One thousand seven hundred and twenty at the Parish and County afd within the Jurisdiction of this Court was Indebted unto the said Benjamin in twelve hundred and one pounds of tobacco as by account hereunto annexed may appear and being so thereof Indebted the said Charles the day year and place afd within the Jurisdiction afd in Consideration thereof upon himselfe did assume and to the said Benj.a then and there did faithfully promise that he the said Charles the said twelve hundred and one pounds of tobacco to the said Benjamin when he should be thereunto requested he would well and faithfully pay and Content Nevertheless the said Charles in his Life time nor the afd Richard to whom administration of all and singular the goods and Chattles &c of the said Charles at the time of his death in due form of Law was granted the promise and assumption afd of the afd Charles in form afd made nothing regarding But plotting and fraudulently Intending the said Benj.a in that part Craftilly and subtilly to deceive and defraud the Often there unto requested the said twelve hundred and One pounds of tobacco to the said Benj.a have not paid or Contented nor Either of them hath paid or Conted but the same to him hitherto to pay have refused and the said richard the Same to the Said Benj.a to pay still doth refuse and deny whereupon the said Benj.a saith he is worse and hath damage to the value of two thousand four hundred and two pounds of tobacco and thereupon he brings Suite &c F Allen P Qere Pledgs Def Jno Doe Ri Roe
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Volume 839, Page 104 View pdf image |
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