Volume 839, Page 60 View pdf image |
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June
June Court
1723
60 Jos: M.ccChester sherr Whereupon the said Robert Martin by his attorney afd Prays that for as much as he has Complyed with the Law in Order to an attachm.t he may have Judgm.t for the same against the goods and Chattles rights or Creditts of the said Robert Pitts according to act of assembly &.c Whereupon for that it seems to ye Court here that the said Robert Martin has Complyed with ye Laws as alledged Therefore it is Considered by the Justices here that the Eighteenth day of June Ann Dom One thousand seven hundred and twenty three afd that the said Robert Martin Recover against the said Robert Pitts as well the sum of One thousand seven hundred and forty three pounds of tobo his damages by Occasion of the Premisses afd as all Costs and Charges by the (241) said Plf.t Laid out and Expended about his suit by way of attachm.t against ye goods Chattles Rights or Creditts of the said Robert Pitts according to act of assembly in such Case made and Provided &.c
Lordships County Court of Sommersett to be held at Dividing Creek the third tuesday of June then next to answer unto Capt John MccChester of a plea of trespass upon the Case &.c and that thereof he Should not faile &.c And whereupon the same John by Francis Allen his attorney Complains that whereas the afd Thomas the seventh day of may in ye year of Our Lord God One thousand Seven hundred and twenty One at Sommersett County and within ye Jurisdiction of this Court was Indebted unto the afd John in the sum of Nine hundred and fifty pounds of tobacco for so much by the same John for the afd Thomas at the Especiall Instance and request of the afd Thomas before that time to a Certain Tobias Bourk deposited and Paid as by a Certain Note here in Court ready to be produced may appear and so thereof being Indebted the afd Thomas afterward to witt the same twenty seventh day of may in ye Year afd at ye County afd and within the Jurisdiction afd in Consideration thereof upon himselfe did assume and unto the afd John then and there faithfully did Promise that he ye afd Thomas the same Nine hundred and fifty pounds of tobacco unto the same John when thereof afterwards he should be requested well and faithfully would pay and Content Nevertheless the afd Thomas his Promise and assumption afd so as it is said made nothing regarding but minding and fraudulently Intending the same John in this Part Craftilly and Subtilly to deceive and defraud the afd Nine hundred and fifty pounds of tobacco or any Part thereof unto the same John hath not paid or in any sort Contented altho' to do the same the afd Thomas afterwards to witt the thirtieth day of may in the year of Our Lord God Seventeen hundred and twenty one afd at ye County afd within the Jurisdiction afd by the afd John he was Required but that unto him hitherto to pay or in any sort to Content altogether hath refused and still doth refuse to ye Damage of the said John of Eighteen hundred pounds of tobo and thereupon he Bringeth Suite &.c F Allen P Qert Pledgs deft Jno Doe Richd Roe Att which said third tuesday of June to witt the Eighteenth day of the same Month Ann Dom one thousand seven hundred and twenty three Being ye Day of the return of the said Writt Comes the said (Jno) |
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Volume 839, Page 60 View pdf image |
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