Volume 839, Page 5b View pdf image |
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March Cort 1722 Robert Martin by his attorney afd and the Sherr of Somrsett County to whom the foregoing writt was directed Likewise Comes and makes return thereof to the Court here Indorst vizt Copie 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 ye action afd Thereupon a Certain Alexander Carlyle of Somrsett County Gent Present herein Court under takes for the said James Jones that in Case the said Rob.t Martin shall Recover Judgmt in the Plea afd against the said James Jones or that the said James Jones ^shall by therein Consent that then he the said James Jones^ shall pay the Condemnation of ye Court thereupon or render his Body to the Custody of the Sherr ^of Somrsett County^ in Satisfaction thereof or that he the said Alexander Carlyle will do it for him Whereupon the said James Jones 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 so as afd against him Brought nor Can he say but that the said Plft Ought to Recover his damages by occation of the Premises afd to the sum of five hundred and ten pounds of tobacco and Costs of Suite against him which ye said Plft doth not gaine Therefore it is Considered by the Justices here the ninteenth day of March ann Dom One thousand Seven hundred and twenty two that the said Robert Martin Recover against the said James Jones as well the Sum of five hundred and ten pounds of tob.o Certain damages afd in form afd Confesed as also the sum of two hundred & Ninety One pounds of tobo by the Court here adjudged unto him for his Costs and Charges by him about his Suite in this Behalfe Laid Out and Expended and the deft in mercy &c
upon ye Case &c and that thereof he should not fail &c And whereupon the said Robert by Francis Allen his attorney Complains that whereas the said John the thirtieth day of November Ann Dom One thousand Seven hundred and ^twenty^ thirty two at ye Parish and County afd within the Jurisdiction of this Court was Indebted unto ye said Robert in five hundred and Eighty Eight pounds of tobo for Levies Sherr Fees and Public dues and for forbearance thereupon to the said Robert then and there due oweing and unpaid as by an acco.t thereof hereunto annexed may in Court appear and being so thereof Indebted the said John in Consideration thereof afterwards to witt the day and year afd at the place afd in Consideration thereof upon himselfe did assume and to ye said Robert then and there did faithfully ^Promise^ that he ye said John the afd five hundred and Eighty Eight pounds of tobacco to the said Robert when he should be afterwards thereunto requested he would well & faithfully pay and Content and altho' the said John One hundred pounds of tobacco pcell of the afd five hundred ^and^ Eighty Eight pounds of tobacco to the said Robert he hath paid and satisfied yett as to four hundred ^&^ Eighty Eight pounds of tobacco residue of the afd five hundred and Eighty Eight pds of tobacco the said John his Promise and assumption afd in form afd made Little regarding but Plotting and fraudulently Intending the said Robert in that Part Craftely and Subtilly to deceive and defend the afd four hundred and Eighty Eight pounds of tobacco to ye said Robert he hath not (Paid) |
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Volume 839, Page 5b View pdf image |
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