Volume 840, Page 176 View pdf image |
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August Court 1726
176 be therein Convict that then he the said Andrew Rathburn 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 John Caldwell will do it for him And the said Andrew Rathburn 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 said plft Ought to recover his damages by occasion of the premisses afd to thirty five Bushells of Indian Corn & Costs of Suite against him 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 James West Recover against the afd Andrew rathburn as well thirty five Bushells of Indian Corn 248 his damages afd in form afd Confesed as also two hundred & forty Eight pounds of tob.o for his Costs and Charges by him about his suite in that part Expended to the same James West by the Court here of his assent adjudged and the afd deft in Mercy &c
in his life time that is to say the tenth day of June anno Dom one thousand seven hundred & twenty three at Somrsett County afd within y.e Jur of this Court was Indebted to y.e afd Nath.ll in his Life time in the sum of fourteen hundred & seventy two pounds of tob.o as by acc.o here within Court produced may appear & so thereof being Indebted y.e s.d Charles in his life time in Consideration thereof afterwards y.t is to say the same day & year afd at y.e County afd within y.e afd Jur upon himselfe assumed & to y.e same Nath.ll in his Life then & there faithfully did promise that ^he^ y.e s.d Charles y.e afd sum of fourteen hundred and Seventy two p.ds of tob.o to y.e s.d Nathaniel when afterwards he should be thereto requested he would well & faithfully Content and pay nevertheless y.e afd Charles in his life time & y.e afd mary since his death whilst she was sole & y.e afd Benj.a Mary since the Espowsals between them Celabrated the promis & assumption afd of y.e afd Charles in his Lifetime so as afd made Little regarding but plotting & fraudulently Intending y.e afd Nathaniel in his life time & y.e afd W.m since his death to whom Execution of y.e Last will and testament of y.e same Nathaniel was in due form of Law Committed in this part to defraud and Deceive neither the afd Charles in his Life time nor y.e afd Benj.a or mary since his death y.e afd sum of fourteen hundred and seventy two pds of tob.o to y.e afd Nathaniel in his Lifetime or y.e afd W.m since his (Death) |
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Volume 840, Page 176 View pdf image |
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