Volume 840, Page 195b View pdf image |
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Novem.r
Court 1726
195 That it does not appear by the declaration afd that there is any memorand.m or note of the promise (in the declaration afd specified) in writing signed by the same Richard or any other person by the same Richard Lawfully authorized as there ought to be according to the form of the Statute in such Case made and provided &a and that the declaration afd is Incertaine Insufficient and wants form &a To which Demurrer the plft joyns &a And becaus the Court here of their Judgm.t of and upon the premisses to render as yett will advise day thereof is given the parties afd untill next Court to hear thereof their Judgm.t of and upon the premisses &c for that the Court as yett &c Att which said next Court to witt the fifteenth day of Novem anno Dom One thousand seven hundred and twenty Six Came again as well the afd Thomas as the afd Richard by their attorneys afd and whereupon all and singular the premisses by the Court here being seen fully read and Mature deliberation thereupon had for that it Seemeth to the Court here that the declaration afd above Specified is not sufficient in the Law of the action of the same Tho.s against the same Richard to maintain &c Therefore it is Considered by the Court here the the same Day and Year Last mentioned that the afd Thomas Bannister take nothing by his decl afd but for his falce Clamour be in mercy and that the afd Richard Waters goe thereof without day &a Also it is Considered by the Justices that the afd Richard Waters Recover against the afd Thomas Bannister the Sum of three hundred and thirty three pounds of tobacco for his Costs and Charges by him about his defence in this behalfe Laid Out and Expended
detains &.c And whereupon the same Charles Rackliffe by Levin Gale his attorney Saith that whereas the afd Edmond the twenty Eighth day of may ann.o Dom One thousand Seven hundred and Seventeen at Somersett County within the Jurisdiction of this Court by his Certain writing Obligatory granted himselfe to be held and firmly bound unto the afd Nathaniel Rackliffe in his Lifetime in the afd Sum of forty pounds Curr.t money of this province to be paid the Same Nathaniel his heirs Executors or adm.rs or assignes when afterwards the Same Edmund should be thereto Required Yett the afd Edmond altho' often thereto required the said sum of forty pounds Curr.t money of this province to the afd Nathaniell he in his Life time nor to the afd Charles after the death of the said Nathaniel to whom administration of all the goods |
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Volume 840, Page 195b View pdf image |
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