Volume 840, Page 119b View pdf image |
March Court
1725
119 And whereupon &c same Mary Martin by Levin Gale her attry Saith that whereas ye afd John ye twenty eight day of July anno Dom Seventeen hundred & twenty four at Somrsett County afd within ye Jur of this Court by his Certain Writting Obligatory which ye Same Mary Sealed with ye Seal of the Said John hereinto Court brings whose date in ye same day and year afd Granted himselfe to be held & firmly bound unto ye afd Robert in his Lifetime in the afd Sum of one thousand four hundred & Eighty Eight four pounds of Merchantable Tob.o be paid the said Robert his Ex.s adm.s or assigns when afterwards ye said John should be thereto required yett ye afd John although often thereto required ye afd sum of one thousand four hundred & Eighty ^Eight^ four pounds of Tob.o or any part thereof to ye Same Robert in his Lifetime to ye afd Mary since ye Death of the same Robert to whome Execution of ye Last Will & Testament of the same Robert since his death was at ye County afd within y.e Jur afd in Due form of Law Committed hath not rendered but y.e s.d John y.e same hitherto to render hath Denyed & Still doth deny to y.e Damage of y.e Said Mary fifteen hundred pounds of Tob.o & thereof She brings this suite &c & y.e said Mary brings hereinto Court y.e Letters Testamentary &c by which &c L Gale P Quer pledges &c Jn.o Doe Rich.d Roe And the afd John Neasam in his proper person Cometh and defendeth the force and Injury when &c and says that he Cannot gainsay the Plft his action afd against him brought nor Can he say but that the writing Obligatory afd is his act and deed and that the debt therein Mentioned is yett due and unsatisfyed wherefore the said Plft prays Judgm.t for her Debt afd and her Costs and damages sustained by occasion of the Same Debt to be adjudged &c Therefore it is Considered by the Justices here that the afd Mary Martin Executrix as afd by Recover against the afd John Neasam as well the Sum of one thousand four hundred and ^Eighty^ Eight pds 1488 of tobacco her Debt afd as also the Sum of Two hundred & twenty five pounds of tobo by 225 the Court here adjudged unto her for her Costs and Damages Sustained by Occasion of the detaining of the 1713 same Debt and the afd Deft in mercy &c
Whereupon the Said Patrick Burn being Called appears and thereupon the Said Patrick Burn at the Prayer of the Plfts attorney afd is adjudged to give Speciall Bail to the action afd thereupon a Certain Daniel Cordery and George Benston present in Court undertakes for the Said Patrick Burn that in Case the Said Robert Truman Shall recover Judgmt in the Plea afd ^agt the said Patrick Burn^ or that the Said Patrick Burn Shall be therein Convict that then he the Said Patrick Burn Shall Pay the Condemnation of the Court or Render his body to the Custody of the Sherr of Somersett County in Satisfaction thereof or that they the said Daniell Cordery and George Benston will do it for him; thereupon the Said Patrick Burn by Jos: Pemberton his attorney appeared and Imparl'd till Next Court &a |
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Volume 840, Page 119b View pdf image |
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