| Volume 839, Page 164 View pdf image |
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March Court
1723
164 Arthur the first day of march in the year of Our Lord God one thousand seven hundred and twenty at Somersett County within the Jurisdiction of this Court was Indebted unto the afd Hugh in the sum of twelve Barrells of Indian Corn of the value of twelve hundred pounds of tobacco for one horse sold and by ye same Hugh unto the afd Arthur at the Speciall Instance and request of the same Arthur before that time there sold and delivered at the price afd as by an acco.t thereof here ready in Court to be produced may appear and so thereof being Indebted the afd Arthur afterwards to witt the same first day of march in ye year afd at the County afd and within the Jurisdiction afd in Consideration thereof upon himselfe did assume and unto the said Hugh then and there faithfully did promise that he ye afd Arthur the same twelve Barrells of Indian Corn unto the same Hugh when thereof afterwards he should be required well and faithfully would pay and Content and altho' the afd Arthur five hundred pounds of tob.o in Lieu of five Barrells of Indian Corn Percell of the afd twelve Barrells of Indian Corn to the said Hugh he hath paid and satisfied yett as to seven Barrells of Indian Corn Residue of the afd twelve Barrells of Indian Corn the said Arthur his promise and assumption afd in form afd made Little Regarding but minding and fraudulently Intending the same Hugh in this part Craftilly and Subtilly to deceive and defraud the afd seven Barrills of Indian Corn or any part thereof unto the same Hugh hath not paid or in any Sort Contented altho' to do the same the afd Arthur afterwards to witt the first day of November in the year of Our Lord God one thousand seven hundred and twenty one and often afterwards at the County afd within the Jurisdiction afd by the afd Hugh he was requested but that unto him hitherto pay or in any sort to Content altogether hath refused and still doth refuse to the damage of the said Hugh of one thousand four hundred pounds of tobacco & thereupon he Bringeth suite &c F Allen P Qrte Pledges de pd Jno Do & R Roe 1720 Arthur Hayman Dr Contra Cr march 1.st To 1 horse sold you for 12 Barrills Indian Corn By George Tull 500 in Lieu of 5 barr.lls Corn Ball due to me is 7 barrills Errors Excepted p Hugh McCallogan 12 A Copy of the foregoeing declaration was made & sent with the writt in the Plea afd Whereupon the said Arthur Hayman being Called appears and thereupon the said Arthur Hayman at the prayer of the plft attorney afd is adjudged to give Speciall Bail to the action afd but for want thereof the said Arthur Hayman is Committed into the Custody of the Sherr of Somersett County here to remain &c the said sherr being Present here in Court took Charge of the said Arthur Hayman Accordingly &c Whereupon the said Hugh McCollogan by his attorney ad prays that the said Arthur Hayman in Custody as afd to his declaration in the plea afd may answer whereupon the afd Arthur Hayman in Custody as afd hath time given him by the Court untill two of the Clock of the same day here to answer &c And afterwards the same Arthur Hayman in Custody as afd altho' solemnly Called to answer Cometh not but makes default nor anything thereof says in Barr or preclution of the action afd whereby the same plft remains against the same deft thereof undefended &c Therefore it is Considered by the Justices here the seventeenth day of march ann Dom one thousand seven hundred & twenty three that the said Hugh McCollogan Recover against the said Arthur Hayman (in) |
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| Volume 839, Page 164 View pdf image |
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