Volume 839, Page 58b View pdf image |
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June Court
1723
58 directed Likewise Comes and makes return thereof to the Court here Endorst in these words vizt Cepi Jos: McChester Sher Whereupon the said Sommersett Dickenson by in his Own Proper Person Comes and defends the force and Injury when &.c and says that he Cannot gainsay the Plft his action afd against him Brought nor Can he say But that the Bill or writeing Obligatory afd is his act and deed and that ye Debt therein mentioned is yett due and unsatisfied wherefore the said Plft Prays Judgm.t for his debt afd and his Costs and damages sustained by Occasion of the detaineing the same debt to him to be adjudged &.c Therefore it is Considered by the Justices here the Eighteenth day of June Ann Dom One thousand seven hundred and twenty three afd that the said Richard Bennett Recover against the said Sommersett Dickenson as well the sum of two pounds five shillings Currt silver mony of this Province his debt afd Cost (227) as also the sum of Two hundred & Twenty Seven pounds of tobo by the Court here adjudged unto him for his Costs and damages sustained by occasion of the detaining the same debt and the deft in mercy &.c
of his Lordships County Court of Sommersett to be held at Dividing Creek the third tuesday of June ^then^ next to answer unto Robert Nairne of a plea of trespass upon the Case &.c and that thereof he should not faile &.c And whereupon the same Robert by Francis allen his attorney Complains that whereas the afd defts ye seventeenth day of November in the year of Our Lord God One thousand Seventeen hundred and Ninteen at Somrsett County afd and within the Jurisdiction of this Court were Indebted unto the afd robert in the sum of two pounds five Shillings Silver Currency of Maryland and two hundred and thirty pounds of tobo good merchantable ^leafe^ tob.o as by a note thereof here ready in Court to be Produced may appear and so thereof Being Indebted the afd defts afterwards to witt the same Seventeenth day of November in the year afd at the County afd and within the Jurisdiction afd in Consideration thereof upon themselves did assume and unto the afd Robert then and there faithfully did Promise that they the afd Defts the same two pounds five shillings silver Currency of maryland and two hundred and thirty pounds of good merchantable Leafe tobacco unto the same Robert when thereof afterwards they should be required well and faithfull would pay and Content and altho the afd deft twenty three shillings and fifty Eight pounds of tobacco P cell of the afd Debt to the said Robert they have paid and satisfied yett as to twenty two shillings and one hundred and seventy two pounds of tobo residue of the afd Debt the said defts there Promised and assumption afd in form afd made Little regarding but minding and fraudulently Intending the same Robert in this Part Craftelly and Subtilly to deceive and defraud the afd twenty two shillings and one hundred and seventy four ^two^ pounds of tob.o or any Part thereof unto the same Robert have not Paid or in any sort Contented altho' to do the same the afd Defts afterwards to witt the first day of may in the year of Our Lord God seventeen hundred and twenty and often afterwards at the afd County within the Jurisdiction afd by the afd Robert were requested but that unto him to pay or in any (sort) |
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Volume 839, Page 58b View pdf image |
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