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November Court
1723
128 the Case &c and that thereof he should not fail &c And whereupon the said John and Jane in their Capacities P George Dashiell their attorney Complaines that whereas the said Richard the twenty fourth day of february ann Dom One thousand seven hundred and fourteen fifteen at wickacomoco within the Jurisdiction of this Court was Indebted unto the said John Winder the sum of five hundred and thirty six pounds of tobacco as P account hereunto annext may in Court appear and the said Richard Being Indebted as afd at the time and place afd did upon himselfe assume and to the said John did faithfully promise that the afd five hundred and thirty six pounds of tobacco he should will and truly pay and Content Nevertheless the Said the Said Richard his promise and assumption afd not regarding but Contriveing him the said John in that Part to defraud the said five hundred and thirty six pounds of tobacco he hath not paid nor to the said John and Jane in their Capacity nor the Said Thomas in his Capacity since administration to him Committed tho' often by the said John and Jane in their Capacity as yett he hath not paid but the same to pay hath denyed and still doth may deny to the damage of the said John and Jane one thousand seventy two pounds of tobacco and thereupon they Bring Suite & Brings into Court their Letters testamentary &c whereby &c Dashiell P Quer Pledges Jno Doe Richd Roe Richard Hull D.r Fry 24.th 1724/15 To 184 aple trees 4 P tree 586 October 2.d 1723 a true Copy from John Winders Book p me Jno Handy Att which said third tuesday of November to witt the Ninteenth 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 John Handy and Jane his wife Exrx as afd by their attorney afd and the Sherr of Somersett County to whom the foregoeing writt was directed Likewise Cometh and maketh return thereof to the Court here Endorst in these words following vizt Non Est Inventus P Jos: MccClester Sherr Whereupon the said John Handy & Jane his wife Executrix as afd by their attorney afd prays that forasmuch as they have Complyed with the Laws in Order to an attachm.t they may have Judgm.t against the Said Thomas Crawley for their damages afd by way of attachm.t according to act of Assembly &c where upon for that it seems to the Court here that the said John Handy and Jane his wife Exrx as afd have Complyed with the Laws as alledged Therefore it is Considered by the Justices here the Ninteenth day of November ann Dom One thousand seven hundred and twenty three afd that the said John Handy and Jane his wife Exrx of the same Jno Winder recover against the said Thomas Crawley ^admr of the afd Richd Hull^ as well the sum of five hundred & thirty six pounds of tobacco their damages by Occasion of the premisses afd as al Costs and Charges by the said plfts Laid Out & Expended about their Suite by way of attachm.t against the Goods Chattles rights or Creditts of the said ^Richd Hull in the hand of the said^ Thomas Crawley according to act of assembly in such Case made & provided &c
Whereupon the said Edward Short being Called appears and thereupon the said Edward Short at (the) |
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