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Aprill Court
1723
39 Coventry Parish afd in the County afd within the Jurisdiction afd he would build Erect and finish Nevertheless the said John his Promise and assumption afd in form afd made little regarding but Plotting and fraudulently Intending the said Mary whilst she was sole in that Part Craftelly and Subtilly to deceive and defraud the house afd so negligently and Indiscreetly did Build that it is Leaky in the rooff and in no wise workman Like but is altogether unfitt to dwell in or use as a dwelling house whereupon the said Thomas and Mary say they are worse and have damage to the value of two thousand pounds of tobacco and thereupon they Bring Suite &c Allen P Qrtebus Pledg dep Jno Doe R Roe And the said John Dennis Jun by William Tazewell his attorney Comes and defends the force and Injury when &c and Prays Leave to Imparl hereunto untill ^the^ next Court and he hath it and the same day is given to the Pltfs also Att which said next Court to witt the twentieth day of November Ann Dom One thousand seven hundred and twenty two Come againe as well the said Plfts by their attorney afd as the said deft by his attorney afd and the said deft by his said attorney Prays further Leave to Imparle hereunto untill the next Court and he hath it and the same day is given to the Plfts also Att which said next Court to witt the Nineteenth day of march Ann Dom One thousand seven hundred and twenty two Come again as well the said Plft.s by their attorney afd as the said deft by his attorney afd and thereupon the Court adjourns untill the Last tuesday in aprill next being the thirtieth day of the same month Ann Dom One thousand seven hundred and twenty three on which day and year Last mentioned Comes againe the said Parties by their their attorneys afd and the said deft by his said attorney as Before defends the force and Injury when &c and says he did not assume upon himselfe in manner and and form as the afd Thomas and Mary have above against him Complained and of this he putts himselfe upon ye Country &c Tazewell P Defte and the Plfts Likewise Allen P Plft Thereupon Command is given to the sherr of Somrsett County that Immediately he Cause to Come here twelve &c by whom &c who Neither &c to recognize &c because as well &c of which said Preceipt the said Sherr to witt Joseph M.ccChester Gent now here at this day to witt the same day and year Last mentioned makes return that he has here ready twelve &c as by his said Preceipt he was Commanded and Now hereafterwards to witt the same day and year Comes as well the said Plfts as the said deft by their attorneys afd and ye Jurors of that Jury Impannelled being Called Come to witt James Rownd William Walton Richard Holland, John Pope, Henry Scofeild, William Mills, Daniel Cowdery, Neal MccChester, Robert Hill, James Hall, James West, Moses Fenton, who being duely Elected tryed and sworn to say the truth in the Premisses upon their Oath do say that the said John Dennis Jun did not assume upon himselfe in manner and form as the said Thomas and Mary have above against him Complained Therefore it is Considered by the Justices here the thirtieth day of aprill Ann Dom One thousand seven hundred and twenty three afd that the said Thomas Drummond and Mary his wife take Nothing by their writt afd but be in mercy for their falce Clamour and that the said John Dennis Junr go thereof without day Likewise it is Considered by the Justices here that the said John Dennis Jun recover against them ye said Thomas Drummond and Mary his wife the sum of One thousand One hundred and sixty five pounds of tobo by ye Court here adjudged unto him for his Costs and Charges by him about his defence in this behalfe laid Out and Expended and according to the force of ye statute &c |
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Somerset County Judicial Records, 1723-1725
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