Volume 839, Page 4b View pdf image |
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March Cort 1722 Thomas by francis Allen his attorney Complains that whereas the said James the thirtieth day of November Ann Dom One thousand seven hundred and twenty two at the Parrish and County afd within the Jurisdiction of this Court was Indebted unto the said Thomas in Eight hundred and twenty seven pounds of tob.o for Levys Sherr fees and Publick dues and forbearance thereupon to the said Thomas then and there due oweing and unpaid as by an account thereof hereunto annexed may in Court appear and being so thereof Indebted the said James In Consideration thereof afterwards to witt the day and year afd at the Place afd in consideration thereof upon himselfe did assume and to the said Thomas then and there did faithfully Promise that he the said James the afd Eight hundred and twenty seven pounds of tobacco to the said Thomas when he should be afterwards thereunto requested he would well and faithfully Pay and Content Nevertheless the said James his Promise and assumption afd made Little regarding but Plotting and fraudulently Intending the said Thomas in that Part Craftely and Subtelly to deceive and defraud the afd Eight hundred and twenty seven pounds of tob.o to the said Thomas hath not Paid or to him for the same in any wise Contented altho the same to doe the said James by the said Thomas the first day of December in the year afd and often afterwards at ye Parish and County afd within the Jurisdiction afd he was thereunto requested but the same to him to pay or in anywise to Content hath refused and shall doth refuse and deny whereupon the said Thomas saith that he is worse and hath damage to the value of one thousand six hundred fifty and four pounds of tob.o and thereupon he Brings Suite &c Allan P Clk Pledge defts Jn.o Doe and R Roe
Att which said third tuesday of march to witt the nineteenth day of the same month Ann Dom One thousand seven hundred and twenty two being the day of ye return of the said Writt Comes the said Thomas Dashiell by his attorney afd and the sherr of Somrsett County to whome the foregoing Writt was Directed Likewise Comes and makes return thereof to ye Court he Indorst in these words viz.t Cepie Jos: M.ccChester sherr Whereupon the said James Jones Being Called appears and thereupon the said James Jones at the Prayer of the Plfts attorney afd is adjudged to give Speciall Bayle to the action afd Thereupon a Certaine Alexander Carlyle of Somrsett County Gent present herein Court undertakes for ye said James Jones that In Case the said Thomas Dashiell shall Recover Judgm.t in the Plea afd against the said James Jones or that the said James Jones shall be therein Convict that then he the said James Jones shall ay the Condemnation of the Court thereupon or render his Body to the Custody of the Sherr of Sommersett County in satisfaction thereof or that he the said Alexander Carlyle will do it for him Whereupon the said James Jones in his Proper Person Comes and defends the force and Injury when &.c and says that he Can not gainsay the Plft his action afd so as afd against him Brought nor (Can) |
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Volume 839, Page 4b View pdf image |
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