Volume 840, Page 164 View pdf image |
August Court 1726
164 Diall being Called appears and thereupon the said Catherine Dial at the prayer of the Plfts attorney is adjudged to give Speciall Bail to the action afd ther but for want thereof the Said Catherine Dial is Committed into the Custody of the Sherr of Somersett County thereto remain &c the Said Sherr being Present took Charge of the said Catherine Diall accordingly afterwards in the Same Court Came a Certain Jn.o Holder and undertakes for the Said Catherine Diall that in Case the Said John Harper Shall recover Judgm.t in the plea afd against the afd Catherine Diall or that the said Catherine Diall Shall be therein Convict that then She the Said Catherine Dyall Shall pay the Condemnation of the Court thereupon or render her Body to the Custody of the Sherr of Somersett County in Satisfaction thereof or that th he the Said Jno Holder will do it for her thereupon the Said Catherine Diall in her Own proper persons appears and Imparles till next Court &c
And whereupon the said Joseph by Levin Gale his attorney Complains that whereas the Said Benjamin in his Life time to witt the first day of December anno Dom One thousand Seven hundred and twenty four at Somersett County afd within the Jurisdiction of this Court was Indebted unto the said Joseph in Seven thousand three hundred fifty and three pounds of tobacco as by accot hereunto annexed may in Court appear and being so thereof Indebted the Said Benjamin in his Lifetime in Consideration thereof upon himselfe did assume and to the Said Joseph then and there did faithfully promise that he the Said Benjamin the Said Seven thousand three hundred & fifty three pounds of tobacco to the Said Joseph when he Should there thereunto requested well and faithfully he would pay and Content and altho' the Said Benjamin in his Lifetime one thousand Eight hundred & Eighty pounds of Tob.o to ye S.d Jos: he hath paid & Satisfied yett as to five thousand five hundred forty & five pounds of tob.o residue thereof the Said Benj.a in his Lifetime & ye Said Mary Since ye deceased of ye said Benjamin to whom administration of all & Singular ye goods & Chattles of y.e s.d Deac'd in due forme of Law was Committed ye promise & assumption afd of ye afd Benjamin in forme afd made nothing regarding butt plotting & fraudulently Intending ye Said Joseph in that part Crafitlly & Subtilly to Deceive & Defraud ye S.d Five thousand five hundred & forty five pounds of tob.o to ye sd Joseph have not paid or Contented nor Either of them hath paid or Contented tho' often thereunto requested but ye Same to pay have refused & ye said Mary ye Same to ye S.d Joseph to pay Still doth refuse & deny to ye Damage of ye S.d Jos: of Eleven thousand pounds of tob.o & thereupon he brings Suite &c L Gale P Quer pledges &c J: Doe R Roe |
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Volume 840, Page 164 View pdf image |
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