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June Court
1726
155 time to the said James Dalyell at his Especiall Instance and request before that time sold & delivered and so thereof Being Indebted the same James Dalyall in Consideration thereof afterwards to witt the same day and year afd att the County afd within the afd Jurisdiction upon himselfe assumed and to the same John in his Life time then and there did faithfully promise that he the said James Dalyall when afterward he Should be there^un^to requested the afd Sum of Sixty pounds Sterr to the Same John he woud well and faithfully Content and pay Nevertheless the said James Dalyall his promis and assumption afd in form afd made Little Regarding and plotting and fraudulently Intending the afd John in his Life time and the afd James Mackmory since the death of the Same (John) to Which the said James Mackmory Administration of all & singular the Goods Chattells Rights and Creditts w.ch were the afd John Mackmorys at the time of his Death by John Tonstall Deputy Comissary of Somersett County afd at the County afd within the afd Jur was in Due form of Law granted in that part to Defraud and Deceive the afd sum of sixty pounds sterr or any part thereof to the same John Mackmory in his Lifetime or the afd James Mackmory since the Death of y.e same John hath not paid nor Either of them for it in any wise Contented Altho the same James Dalyell the same to Doe by the same John in his lifetime afterwards to witt the same day and year afd and by the said James Mackmory since the death of the same John the tenth Day of aprill Anno Dom one thousand seven hundred & twenty five at Somersett County afd within the Jur afd was thereto requested but the said James Dalyell the same to the said John in his Lifetime or the afd James Mackmory since the Death of the same John hath altogether Refused & y.e Same to y.e s.d James Mackmory to pay still Doth Refuse to the Delay of the faithfull admr of the goods and Chattells rights and Creditts of the afd John and to the Damage of the same James Mackmory Ninety pounds sterr and thereof he Brings this Suite &c And the afd James Mackmory brings hereinto Court the Letters of admr afd &c L Gale p Quer pledges &.c Jn.o Doe Rich.d Roe Att which said third tuesday of June to witt the twenty first day of the Same month anno Dom: One thousand Seven hundred and twenty six Cometh the afd James Mackmory adm.r as afd by his Said attorney and the Sher of Somersett County to whom the foregoeing writt was directed Likewise Cometh and maketh Return thereof to the Court here Endorsed in these words following viz.t Non Est Inventus Shorte note Left P Francis Allen Sherr Whereupon the Said James MccMorie adm.r as afd by his attorney afd prays that for as much as he hath Complyed with the law in Order to an attachm.t he may have Judgmt against the Said James Dalyell for his damages afd by way of attachm.t according to act of assembly &c whereupon for that it seems |
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Somerset County Judicial Records, 1725-1727
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