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Somerset County Judicial Records, 1725-1727
Volume 840, Page 175b   View pdf image
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August Court                            1726            175

According to his promis & assumption afd unto y.e sd ^same^ Thomas ye afd Tobacco he hath not paid but y.e same to
pay hath refused & still Doth refuse to the Damage of the same Thomas sixteen hundred & sixty
Eight pounds of tobacco and thereof he brings suite &c          Dashiell pro Quer pledges &c    J Doe R Roe
Anno
1716
1717
1718
1726
     Benjamin Fosque
To 1 Levie @ 201
To 1 D.o att 138
To 1 Ditto att 204
To 7 y.ds Intrest 543 of tob.o at 8 p Ct
  Dr
201
138 
204
291
834
 Contra

By Ball Due is

Saving Errors P me   Tho.s Dashiel John Doe
July the 30.th 1726
 Cr

834

       And the said Benj.a Fosque in his own proper person Cometh & defendeth the force & Injury
when &c    And says that he Cannot gainsay the Plft his action afd nor but that he
did assume upon himselfe in manner & form as ye afd Plft above against him Declaired nor
Can he say but that the afd Plft ought to recover his Damages by occation of y.e Nonperformance
of the promise & assumption afd to Eight hundred thirty four pds of tob.o and Costs of
suite ag.t him which he ye s.d Plft doth not gainsay            Therefore it is Considered
by the Justices here the sixteenth day of a^u^gust Anno Dom one thousand seven hundred
and twenty six that the afd Thomas Dashiell recover against ye afd Benj.a Fosque as well
the sum of Eight hundred thirty four pd.s of tob.o his damages afd by him above in his decln
215   afd supposed as also ye sum of Two hundred & fifteen
pounds of tob.o for his Costs & Charges by him about his suite in that part Expended to y.e
same Thomas by the Court here of his assent adjudged and y.e afd Deft in mercy &c


GD  James West
                     @
     Andrew rathburn
      Command was given to the Sherr of Somersett County that he should take
Andrew Rathbourn Late of Somrsett County planter if he should be found in his
Bailywick & him should safe Keep so that he might have his body before y.e Justices of
his Lordships County Court of Somersett to be held at Dividing Creek the third tuesday of August
then next to answer unto James West of a plea of trespass upon y.e Case &c & that thereof he should
not fail &c                            Att which said third tuesday of August to witt y.e sixteenth day of
the same month Ann Dom one thousand Seven hundred & twenty six being y.e day of the
return of y.e s.d writt Cometh y.e s.d James west by Geo: Dashiell his attry & the Sherr of Somersett
County to whom the foregoing writt was Directed Likewise Cometh & maketh return thereof to
to the Court here Endorsed in these words viz.t Cepi Corpus P Francis Allen Sherr

    Whereupon the afd Andrew Rathbourn in his proper person appears and thereupon the said
Andrew Rathbourn at the prayer of the plft attorney afd is adjudged to give Speciall Bail to the
action afd thereupon a Certain John Caldwell of Somersett County Gent present here in Court undertakes
for the said Andrew Rathbourn that if in Case the Said James West shall recover Judgm.t
in the plea afd against the said Andrew Rathbourn or that the said Andrew Rathbourn shall
                                                                                                                            be


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Somerset County Judicial Records, 1725-1727
Volume 840, Page 175b   View pdf image
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