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Somerset County Judicial Records, 1723-1725
Volume 839, Page 62   View pdf image
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          June Court               1723                       62
       directed Likewise Comes and makes return thereof to the Court here Endorst in these words viz.t
          Made Known P Joseph M.ccChester Sherr
                               And the said John Gunby and Sarah his wife Ex.rs as afd by Levin Gale their attorney Come
    and defend the force and Injury when &.c and Prays Leave to Imparle hereunto untill the next Court and
    they have it and the same day is Given to the Plft also
                                 Att which said next Court to witt the Eighteenth day of June Ann Dom One thousand
    seven hundred and twenty three Comes again as well the said Nathaniell Horsey by his attorney ^afd^ as the said
    John Gunby and Sarah his wife Exrs as afd by their attorney afd and the said John Gunby & Sarah his wife
    Ex.rs as afd by their said attorney as before defends the force and Injury when &.c and says that the afd
    Nathaniell his Execution afd against them for the debt and Costs afd Ought not to have becaus they say
    that he has noe such record of the recovery of the debt and Costs afd as by the writt afd above supposeth and this
    they are ready to verifie wherefore they pray Judgm.t if the afd Nathaniel his Execution against them for ye
    Debt and Costs afd Ought to have &.c                                     L Gale P Defte

             And the said Nathaniel saith that he by any thing Prealledged from haveing his Execution afd against
    the afd John Gunby and Sarah his wife as Ex.rs afd ought not to be Precluded becaus he saith that he
    hath a record of the recovery of the Debt and Costs afd between him the said Nathaniell and the afd John Gunby
    and Sarah his wife Ex.rs as afd in the County Court of the right honrble the Lord Proprietary of this Province
    here to witt at dividing Creek in the County of Sommersett here remaining as he by his writt afd above supposes
    as appears of the term ofg November Ann Dom One thousand Seven hundred and twenty one
    and prays that the term and roll thereof by the Justices here may be Seen and Inspected &.c and the
    Record thereof here may be had &.c                          F Allen P Quer

                                                          Whereupon the term and roll afd by the Justices here being
    seen and Inspected it sufficiently appears that there is not any such record of the recovery afd as
    the afd Plft above in his writt afd hath alledged
                                                                                        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 Nathaniel Horsey take Nothing by his writt afd but be in mercy for his false Clamour and that the said
John Gunby and Sarah his wife Ex.rs as afd Goe thereof without day &.c and also it is Considered by the Justices
here that the Said John Gunby and Sarah his wife Ex.rs as afd recover against the said Nathaniel Horsey
(188)   the sum of one hundred & Eighty Eight                                             pounds of tobacco by the Court
here adjudged unto them for their Costs and Charges by them about their defence in Behalfe Laid Out & Expended
according to the form of ye statute lately made and Provided and that thereof they have their Executn


F: A:  Charles Ratcliff Ex.r
          of Nath.l Ratcliff
                          @
          Tho.s Collins  Rich.d Hudson
          & W.m Walton Gar.s of W.m
          Martindale
 Memorand.m the Plft by Francis Allen his attorney Sued Out his Lordships

writt of attachm.t ag.t the deft the tenour of which writt follows in these words viz.t

Somrsett County s.t  Charles absolute Lord and Proprietarie of the Provinces
                                                                                                           (of)



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Somerset County Judicial Records, 1723-1725
Volume 839, Page 62   View pdf image
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