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November Court 1723
133 Gentl: according to the form of the Statute and Judgm.t to be on the return as of this Court Att which said next Court to witt the Ninteenth day of November ann Dom One thousand seven hundred and twenty three Comes againe the said party as by their attorneys afd and the said James Trehairn by his atry afd saith that not with sanding the submission afd says that he Cannot Gainsay the plantiff his action afd nor but that the writeing Obligatory afd is his act & deed & & that the debt therein mention to thirty three pounds & ten shillings is yett due & unsatisfied wherefore the said plft prays Judgmt for the afd thirty three pounds and ten Shillings and Costs of suite to him to be adjudged by occasion of the detaining of the same debt &c Therefore it is Considered by the Justices here the Ninteenth day of November ann Dom One thousand seven hundred & twenty three afd that the said George Willson Recover against the said James Trehain as well the sum of thirty three pounds & ten shillings his debt afd as also the sume of four hundred & ^fifty^ Eighteen pounds of Tobacco by ye Court here adjudged unto him for his Costs and damages sustained by occasion of the detaining of the said Debt & ye Defendt in mercy &c Whereupon John Scott of Somersett County Genl: atorney in fact for the afd George Wilson present here in Court freely remitted and discharged the afd James Trehain from the afd sum of four hundred & fifty Eighteen pounds of tobacco Costs of Suite in the Judgmt afd specied therefore of the same four hundred & Eighteen pounds of tob.o the same deft be quiet &c
tobacco and Casque which to him he Oweth and from him he unjustly detaineth &c And whereupon the said Samuel by Francis Allen his attorney Complaines that whereas the said Thomas the twenty seventh day of February ann one thousand seven hundred and twenty at the parish and County afd within the Jurisdiction of this Court by his Certain Writieng Obligatory which the said Samuel with the seall of the said Thomas signed here into Court Brings the date whereof is the same day & year did acknowledge himselfe to be Bound unto ye said Samuel in the afd One thousand Nine hundred and Eight pounds of tobacco to be paid unto the said Samuell when he should be thereunto required the said one thousand Eight Nine hundred & Eight pounds of tobacco to the said Samuel hath not rendered but the same to him hitherto render hath denyed & still doth deny and unjustly detaine whereupon the said Samuel saith that he is worse and hath damage to the value of fifteen hundred pounds of tobacco and thereupon he Brings Suite &c F Allen P Qrte Pledges deft Jno Doe Richd Roe And the said Thomas Layfield in his own proper person Cometh & defendeth the force & Injury when &c and prays Leave to Imparle hereunto untill ye next Court & he hath it & the 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 & twenty three Comes again the said Samuel Broughton by his attorney afd and prays that the said Thomas Layfeild to his decl.n in the plea afd may answer But the said Thomas Layfeild altho' Solemnly Called Comes not but makes default whereby the said plft remains against the said deft wholly undefended Therefore it is Considered by (the) |
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| Volume 839, Page 133b View pdf image |
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