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Somerset County Judicial Records, 1723-1725
Volume 839, Page 112   View pdf image
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    August Court              1723         112

to say the truth in the premises upon their Oath doe say that the said Priscilla wife of the afd Timothy Malcolm
    did assume upon herselfe in maner and form whilst She was sole as the afd robert Martin above against
    them the said Timothy and Priscilla hath Complained and doe assess the damages of the said robert
    by Occasion of the premisses afd beyond his Costs and Charges by him about his suite in this behalfe Laid out
    and Expended to four hundred and forty three pounds of tob.o and for his Costs One pound of tobo
       Therefore it is Considered by the Justices here the twentieth day of August ann.o Dom One thousand
seven hundred and twenty three that the afd Robert Martin Recover against the said Timothy Malcolm &
Priscilla his wife as well the sume of four hundred and forty three pounds of tobacco his damages afd in
(683)   form afd assesed as also the sume of six hundred & Eighty three
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 and ye Defts in mercy &c 


GD  Thomas Timmons
                         ag.t
FA  John Layton
 Somersett County fs    John Layton of Stepney parish in Somersett County planter
was attached to answer unto Thomas Timmons of a plea of trespass upon the Case &c
And whereupon the said Thomas P George Dashiell his attorney Complains that Whereas
                   the said John the Eleventh day of Aprill ann.o Dom One thousand seven hundred and Ninteen at the
parish and County afd within the Jurisdiction of this Court was Indebted unto the said Thomas the sume
of five hundred pounds of tobacco and fifteen Bushells of Indian Corn as P a note under the hand of
the said John it may in Court appear and Being so thereof Indebted the said John the day and year
afd at the time and place afd within the afd Jurisdiction upon himselfe did assume and to the said Tho.s
then and there did faithfully promise that he the said John the afd five hundred pounds of tobacco and
fifteen Bushells of Indian Corn he would well and truely Content and pay when he should be thereto requested
Nevertheless the said John his promise and assumption afd in form afd made Little regarding but plotting
and fraudulently Intending the said Thomas Craftilly and subtilly to deceive and defraud the afd
thereof five hundred pounds of tobacco and fifteen Bushells of Indian Corn to the said Thomas he hath not
paid or to him for the same in any wise Contented altho' he hath been often thereunto requested but the
same to him to pay hath refused and still doth refuse to the damage of the said Thomas of One thousand
pounds of tobacco and thirty Bushells of Indian Corn and thereupon he Brings this Suite
                                                             Dasheill P Quer pledges Jno Doe R Roe
    And the said John Layton by Francis allen his attorney Comes and defends the force and Injury when &c
and prays Leave to Imparle hereunto untill the next Court and he hath it and the same day is Given to ye plft
also        At which said next Court to witt the twentieth day of August ann.o Dom One thousand seven
hundred and twenty three Comes again as well the said plft by his attorney afd as the said deft in his proper
person and the said deft says that he Cannot gainsay the action afd against him brought nor Can
he say but that the said plft Ought to recover his damages afd by Occasion of the premisses afd to the
sume of five hundred pounds of tobacco and fifteen Bushells of Indian Corn and Costs of Suite
against him which ye said plft does not Gainsay &c                   Therefore it is Considered by the Justices                                                                                                                                                                           (here)


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Somerset County Judicial Records, 1723-1725
Volume 839, Page 112   View pdf image
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