Volume 839, Page 15b View pdf image |
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March Cort 1722 Same tenth day of march in the year afd and within the Jurisdiction afd in Consideration thereof upon themselves did assume and unto the afd John Caldwell then and there faithfully did promise that they the afd John Layton and George Hutchins the said Nine pounds Curr.t mony afd unto the said John Caldwell when thereof afterwards they should be required well and faithfully would pay and Content and altho' the afd John Layton and George Hutchins thirty seven shillings and Nine pence Percell of the afd Nine pounds Curr.t mony afd to the said John Caldwell they have paid and satisfied yett as to seven pounds two shillings and three pence residue of the afd Nine pounds Curr.t mony afd the said John Layton and George Hutchins their promise and assumption afd in form afd made Little regarding but minding and fraudulently Intending in the same John Caldwell in this part Craftelly and subtelly to deceive and defraud the afd seven pounds two shillings and three pence or any Part thereof unto the same John Caldwell have not paid or in any sort Contented altho' to do the same the afd John Layton and George Hutchins afterwards to witt the first day of October in the year of Our Lord God one thousand seven hundred and twenty one and often afterwards in the County afd within the Jurisdiction afd by the afd John Caldwell they were requested but that unto him hitherto to pay or in any sort to Content altogether have refused and still do refuse to the damage of the said John Caldwell of fourteen pounds Curr.t mony afd and thereupon he bringeth Suite &.c Allen P Clk Pledges Deft Jno Doe & richd Roe A Copy of which foregoeing decl.n was made and sent with the writt in the Plea aforesaid Att which said third tuesday of March next to witt the Nineteenth day of the same month Being the day of the return of the said Writt ann Dom One thousand Seven hundred and twenty two Comes the said John Caldwell by his attorney afd and the sherr of Sommersett County to whom the foregoeing writt was directed Likewise Comes and makes return thereof to ye Court here Endorst in these words vizt Cepi Corpus P Joseph MccChester Sherr Whereupon the said John Layton and George Hutchins in their proper persons Come and defend the force and Injury when &.c and say that they Cannot gainsay the plft his action afd so as afd against them Brought nor Can they say but that the said Plft ought to recover his damages by occasion of the Premisses afd to the sum of seven pounds two shillings and three pence Curr.t mony and Costs of Suite against them which the said Plft doth not gainsay Therefore it is Considered by the Justices here Nineteenth day of march Ann Dom One thousand Seven hundred and twenty two afd that the said John Caldwell recover against the said John Layton and George Hutchins as well the Sum of Seven pounds two shillings and three pence Curr.t mony Certain damages afd in form afd Confesed as also the sum of (356) three hundred and Eighty pounds of tobacco by the Court here adjudged unto him for his Costs and Charges by him about his deficit in this behalfe Laid Out and Expended and ye Defts in mercy &c
Banister of a plea of trespass upon the Case &.c and that thereof he should not fail &.c And the said (Jno) |
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Volume 839, Page 15b View pdf image |
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