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November Court
1723 130 same day is Given to the plft also Att which said next Court to witt the Ninteenth day of November ann Dom one thousand seven hundred and twenty three Comes againe as well the said plft as the said deft by their attorneys afd and the said deft by his said attorney as Before defends the force & Injury when &c and saith that the afd Lady Baltemore her action afd against him to have ought not because he saith that by a Certain act of assembly of this province made ann Dom one thousand seven hundred and fifteen it stands Enacted amongst other thing therein Contained that no Bill Bonds or other specialty &c shall be good and pleadable or given in Evidence against any person where the princapall debter or Crediter hath been both dead twelve years on the debt or any thing in action above twelve years standing and whereas the plft hath Commenced his action on bond dated the third day of February sixteen hundred Eighty seven to that no action hath been Commenced within the term of twelve years being the time Limited by the said act for action to be Brought upon Bounds &c which he is ready to verifie therefore the said deft prays Judgmt if the the said plft her action to have Ought &c Dashiell P Defte And the afd Margarett Lady Baltemore saith that ye plea afd of the afd Somersett above pleaded and ye matter in the same Contained is Insufficient in Law her the said Margarett Lady Baltemore from haveing her action afd against the said Somersett to preclude and that she to that plea in Manner and form afd pleaded hath noe need nor by the Law of the Land is she held to answer and this she is ready to verifie wherefore for want of a Sufficient plea in that part the afd Marg.tt Lady Baltemore prays Judgmt and her debt afd together with her damages by occasion of the detaining of the said debt to her to be adjudged &c Allen P Querte And the afd Somersett saith that the plea afd by him in manner and form afd above pleaded and the matter in the same Contained are good and sufficient in Law to preclude the afd plft from haveing her action afd thereof against him the afd Somersett which plea and the matter therein Contained he the same Somersett is ready to verifie which Certain matter the afd plft doth not Gainsay nor to the same in anywise answer but that verification to admitt altogether refuseth as before the afd Somersett prays Judgm.t and that the afd plft from haveing her action afd against him the afd Somersett may be precluded &c Dashiel P Deft Whereupon all and singular the premisses by the Court here seen heard and fully understood & Mature deliberation thereupon had it seems to the Court here that the plea of the afd Somersett in manner & form afd Pleaded and the matter therein Contained are not Good and Sufficient in the Law to Barr & preclude the afd Margarett Lady Baltemore from haveing her action afd against him the said Somersett to have & Maintaine Therefore it is Considered by the Justices here the Ninteenth day of November ann Dom One thousand seven hundred and twenty three that the said Margaret Lady Baltemore Exrx as afd Recover against the said Somersett Dickenson as well the sum of Eighteen hundred pounds of tobacco a Certain Debt as also the sume (354) of three hundred & Fifty Nine pounds of tobacco by the Court here adjudged unto her for her Costs and Damages sustained by occasion of the detaineting the same debt and the deft in in mercy &c |
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Somerset County Judicial Records, 1723-1725
| Volume 839, Page 130 View pdf image |
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