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March Court
1725
103 thousand seven Hundred and Eighteen at Somersett County afd within the Jurisdiction of this Court was Indebted to the same Alexander Hall in y.e sum of four thousand Eight hundred & sixty one pd.s of tob.o for Clerks fees as p act here ^with^in Court produced may appear and so thereof being Indebted the same W.m the dece.d in his Life time afterwards to witt the same day and year afd at the County afd within the afd Jur in Consideration thereof upon him selfe assumed & to the same Allexander then and there faithfully promised that he when afterwards he should be thereunto required he the afd Sum of four thousand Eight hundred & Sixty one pounds of tob.o to the same Alex.d Hall would well and faithfully Content and pay Nevertheless the said W.m y.e dec.d in his Life time and the afd W.m So^t^hty Easter & Hannah his Ex.rs Since the death of the said W.m Dec.d the promis & assumption afd of the said W.m in his Lifetime so as afd made Little regarding & plotting & fraudulently Intending the same Alex.d in this part to defraud & Deceive nither the afd W.m dece.d in his Lifetime nor the afd W.m Southy Esthur or Hanah his Ex.rs Since the death of the said W.m Dece.d the s.d Sum of four thousand eight hundred & Sixty one pounds of tob.o or any part thereof to the same Alex.d Hall paid or him for it in any wise Contented altho' the s.d W.m the dece.d in his Lifetime afterwards to witt the day & year afd and the afd William Whittington Southy Whittington Easthur Whittington or Hannah Whittington his Exrx Since the death of the said W.m y.e dece.d to wit the tenth day of Novem Seventeen hundred & twenty four at the County afd within the afd Jur was thereto required but they the same hetherto to pay or the s.d Alexander any way for it Content hath altogether refused & the afd W.m Sothy Easthur & Hannah the Erx the Same to do Still doth refuse whereby the same Alex.d says he is worse & hath damage to the value of ten thousand pounds of tob.o and thereof he brings this Suite &c And the Said William, Southy, Ester and Hannah Whittington Executors as afd in their proper persons Came and defend the force and Injury when &c And thereupon the dispute in this action is Referred by the Court and Consent of the Partyes afd Referred to John MccClester and John Scott ^of Somersett County Gent^ according to the Statute and Judgm.t to be on their Return of this Court Afterwards to witt the fifteenth day of march Anno Dom One thousand Seven hundred and twenty five the Said Jn.o Macclester and Jn.o Scott the persons mentioned in the rule of referrence make return of their regard in the premises as followeth vizt We the Subscribers upon Examination of the accounts betwixt Mr Alexander Hall and Coll Whittingtons Executors do find the Balln due to M.r Hall to be twelve hundred and twenty Six pounds of tobo Jno MccClester, Jno Scott which being read and heard Its therefore Considered by the Justices here the Same day & year Last mentioned that the Said Alexand.r Hall Recover against the afd William, Southy, Esther and Hannah Whittington Ex.rs of Coll W.m Whittington as well the Sum of twelve hundred and twenty Six pounds of tobo his damages afd by the Arbitrators afd in form afd found as also ye Sum of Seven hundred & Seventy Seven pounds of tobacco by the Court here adjudged unto him for his Costs and Charges by him about his Suite in this Behalfe Laid Out and Expended to be Levied of the goods and Chattells which were of the afd Wm Whittington dec.d at the time of his death & in ye hands of the Said W.m Southy, Esther and Hannah Executors as afd remaining to be administred if so much thereof in their hands they have &c and if so much yr of in their hands they have not &c yn ye afd Costs of Suit to be Levied of ye proper goods and Chattells of the afd Wm Southy Esther and Hannah Whittington and ye afd defts in Mercy &c |
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Somerset County Judicial Records, 1725-1727
| Volume 840, Page 103b View pdf image |
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