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Somerset County Judicial Records, 1725-1727
Volume 840, Page 163   View pdf image
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          August Court            1726            163

Whereupon the said Thomas Timmons in his Own proper person Came into Court and
thereupon the Said Thomas Timmons at the prayer of the afd Joseph MccClester by his attorney
afd is adjudged to give Speciall Bail to the action afd thereupon a Certain Francis Timmons
of Somersett County Planter present here in Court undertakes for the said Thomas Timons
that in Case the Said Joseph MccClester shall Recover Judgm.t in the plea afd against the
afd Thomas Timmons or that the said Thomas Timmons shall be therein Convict that then
he the Said Thomas Timmons shall pay the Condemnation of the Court thereupon or render
his Body to the Custody of the Sherr of Somersett County in Satisfaction thereof or that he the
said Francis Timmons will do it for him

          Whereupon the said Thomas Timmons in his Own Proper person Cometh and defendeth
the force and Injury when &c and Saith that he Cannot gainsay but that he did promise &
assume upon himselfe in manner and form as the afd Joseph by his declaration afd above
supposed nor Can he Say but that the Said Joseph Ought to recocover his damages by occasion
of the non performance of the promise and assumption afd to five hundred and Sixty two
pounds of tob.o and Costs of Suite which the said plft doth not gainsay

          Therefore it is Considered by the Justices here the Sixteenth day of august anno
Dom One thousand Seven hundred and twenty six afd that the afd Joseph MccClester recover
against the afd Thomas Timmons as well the Sum of five hundred and Sixty two pounds
of tob.o his damages afd in form afd Confessed as also the Sum of three hundred and Twenty
329   Nine                     pounds of tobo for his Costs and Charges by him about his Suite
in that part Expended ^to^ the Same Joseph by the Court here of his assent adjudged and the afd deft
in Mercy &c


LG:  The Same
           ag.t
Francis Timmons
 Somersett fs
                      Francis Timmons late of Somersett County planter
was attached to answer unto Joseph Macclester of a plea of trespass upon
the Case &c     And whereupon the Same Joseph MccClester by Levin
       Gale his attorney Complains that whereas the afd Francis the tenth day of December seventeen
       hundred and twenty five at Somersett County within the Jurisdiction of this Court was Indebted
       to the afd Joseph in the Sum of four hundred and fifty seven pounds of tobacco as by acco.t
       here within Court produced may appear and so thereof being Indebted the said Francis in
       Consideration thereof afterwards to witt the Same day and year afd at the County afd within
       the Jurisdiction afd upon himselfe assumed and to the Said Joseph then and there faithfully
       promised that he when afterwards he Should be thereto requested he the said Sum of
                                                                                                                            (four)


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Somerset County Judicial Records, 1725-1727
Volume 840, Page 163   View pdf image
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