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Somerset County Judicial Records, 1723-1725
Volume 839, Page 104b   View pdf image
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    August Court                   1723            104
Att which said third tuesday of August to witt the twentieth day of the same month ann Dom One thousand seven hundred and
twenty three Being the day of the return of the said Writt Cometh the Said Benjamin Wailes by his attorney afd the Sherr of
Somersett County to whom the foregoeing Writt was directed Likewise Cometh and Maketh return thereof to the Court here Endorsed
in these words Following viz.t                                 Cepi Corpus P me Joseph MccClester Sherr
    Whereupon the said Richard Holland adm.r of the afd Charles Shewel in his Own proper person Cometh & defendeth
the force and Injury when &c and saith that he Cannot Gainsay the plft his action afd so as afd against him brought nor Can
he say but that the said plft Ought to recover his damages by Occasion of the premisses afd to the sume of twelve hundred
and One pounds of tobacco and Costs of Suite to be Levied of the goods and Chattles which were of the said Charles Shewell
dec.d at the time of his death which to his hands hereafter should Come to be administred which the said plft does
not Gainsay &c
                                           Therefore it is Considered by the Justices here the twentieth day of August ann Dom One thousand
seven hundred and twenty three that the said Benj.a Wailes recover against the said Richard Holland ^adm.r as afd^ as well
the sume of Twelve hundred and One pounds of tobacco Certain damages afd in form afd Confessed as also the sume of
(252)   two hundred & fifty two                  pounds of tobacco by the Court here adjudged unto him for his Costs
and Charges by him about his suite in this Behalfe Laid Out and Expended to be Levied of the goods and Chattles which
were of the said Charles Shewell at the time of his death and which to the hands of the said Richard Holland adm.r
as afd hereafter shall Come to be administred & ye Deft in Mercy &c


FA:   The same
                 ag.t
     Cornelius Woodkerson
 Command was given to the Sherr of Somersett County that he Should take Cornelius Woodkerson
of Stepney Parish in Somersett County Planter if he should be found in his Bailiwick and
him should Safe Keep so that he might have his Body Before the Justices of his Lordships County
             Court of Somersett to be held at Dividing Creek in Somersett County afd 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 faile &c
    and the said Benj.a Wailes by Francis Allen his attorney declared against the said Cornelius Woodkerson in the plea afd
    as followeth viz.t   Somersett County fs.t  Cornelius Woodkerson of Stepney Parish in Somersett County Planter 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 Cornelius the
    first day of may ann Dom One thousand seven hundred and twenty three at the parish and County afd within the Jurisdiction
    of this Court was Indebted unto the said Benjamin in Eleven hundred and twenty five pounds of tobacco for Levies
    Sherr Fees and publick dues and forbearance thereupon to the said Benjamin then and there due owing and unpaid
    as by an acc.t thereof hereunto annexed may in Court appear and Being so thereof Indebted the said Cornelius
    in Consideration thereof afterwards to witt the day and year afd at the place afd in Consideration thereof did assume
    upon himselfe and unto the Said Benjamin then and there faithfully did promise that he the said Cornelius the
    afd Eleven hundred and twenty five pounds of tobacco to the said Benjamin when he should be afterwards thereunto requested
    he would well and faithfully pay and Content Nevertheless the Said Cornelius his promise and assumption afd in form afd
    made Little regarding but plotting and fraudulently Intending the said Benjamin in that part Craftilly and Subtilly
    to deceive and defraud the afd Eleven hundred and twenty five pounds of tobacco to the said Benjamin he hath paid
    not paid or to him for the same in any sort Contented altho' the same to doe the said Cornelius by the said Benjamin
                                                                                                                                                                         (on)


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Somerset County Judicial Records, 1723-1725
Volume 839, Page 104b   View pdf image
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