Volume 840, Page 115b View pdf image |
March Court
1725
115 Jurisdiction Hath not paid or him for it in any ^way^ Contented but the same Sam.ll the same hitherto to pay hath or the Same Jos: for it on anywise to Content hath altogether refused to the dam of the Same Jos: twelve hundred pounds of tobo & thereof he brings this Suite &c L Gale P Quer pledges &c Jno Doe Richd Roe
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 Occasion of the premisses afd to five hundred and thirty Eight pounds of tobo and Costs of Suite against him which the Said Plft doth not Gansay Therefore it is Considered by the Justices here that the afd Joseph McClester recover against the afd Samuel Wheler as well the Sum of five hundred & thirty Eight pounds of tob.o his damages afd in form afd Confesses as also the Sum of Two hundred and forty 241 One pounds of tobo for his Costs and Charges by him about his Suite in this behalfe Laid Out and Expended and the afd deft in mercy &c
answer unto Jos: MaClester of a plea of trespass upon the Case that thereof they he Should not fail &c And the afd Jos: MacClester by Levin Gale his attry Declaired ag.t the s.d Finch Jones in the plea afd as followeth viz.t Somersett fs Finch Jones Late of Somrsett County Planter was attached to answer unto Jos: MccClester of a plea of trespass upon the Case &c And Whereupon the said Jos: by Levin Gale his attry Complains that whereas ye s.d Finch Jones the tenth day of Decem one thousand Seven & twenty five at the County afd within the Jur of this Court was Indebted to ye same Joseph in the Sum of four Hundred & twenty pounds of tob.o as by acc.o herewithin Court produced may appear & so thereof being Indebted the said Finch in Consideration thereof afterwards to witt the same day & year afd at the County afd within the afd Jur upon himselfe assumed & to the same Jos: then & there faithfully promised that he when afterwards he Should be thereto ^be^ required he the afd Sum of four hundred & twenty pounds of tob.o to the Same Finch woud well & faithfully Content & pay (Nevertheless) |
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Volume 840, Page 115b View pdf image |
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