Volume 840, Page 198 View pdf image |
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Novem.r Court
1726
198 Dom One thousand seven hundred and twenty Six Came again as well the afd Isaac as the afd John by their attorneys afd and thereupon the said John by his said attorney as before defends the force and Injury when &.c and saith that he is not Guilty of the premisses above Imposed upon him in manner and form as the plft against him hath Complained and of this he puts himselfe upon the Country and the afd Plft Likewise Thereupon Command is given to the Sherr of Somersett County that Immediately he Caus to Come here twelve &.c by whom &c who neither &.c to recognize &.c becaus as well &.c of which said third tuesday preceipt the said Sherr to witt Francis Allen Gent Now hereat this day to witt the same day and year Last mentioned makes Return that he hath here ready twelve &c as by his said preceipt he was Commanded and now hereafterwards to witt the Same day and year Came as well the afd Plft as the afd deft by their attorneys afd and the Jurors of that Jury therein Impannelled being Called Likewise Came to witt John Donelson Lewis Beard, Peter Frazer, Will.m Smith, W.m Laws, John Fleming, Jn.o Larrimore, John Read Tipquin, Teague Riggin, John Davis, W.m Bratton and George Taylor who being duely Elected tryed and sworn to Say the truth in the premisses upon their Oath do say that the afd John Parker is not guilty of the premisses in manner and form as the afd Isaac above against him hath Complained Whereupon the afd Isaac Rappoon by his attorney afd prays the Court that noe Judgm.t as yett may be given on the verd.t afd but that the Court may according to act of assembly in Such Case made and provided may dissolve themselves into a Court of Chancery and hear and determine the matter between them in Controversie afd according to Equity &.c which is granted &.c Whereupon all and Singuall the premisses afd by the Court here fully understood and mature deliberation thereupon had it seemeth to the Justices here that according to Equity, Judgm.t Ought to be Entered for the afd Jno Parker on the verdict ^afd^ by the Jurors afd Given &c Therefore it is Considered and dire'd by the Court here the fifteenth day of Novem anno Dom One thousand seven hundred and twenty six afd that the afd Isaac rappoon take nothing by his declaration afd but be in mercy for his falce clamour and that the afd John Parker goe thereof without day &.c And ^also it is Considered^ that the afd John Parker Recover ag.t the afd Isaac Rappoon Seven hundred and twenty Nine pounds of tobacco for his Costs and Charges by him about his suite in yt part Expended to the Same Jn.o by the Court here of his assent according to ye force of ye Statute in Such Case lately made & provided adjudged &c John Caldwell and John Scott Justices Enters their disassent to the above Judgm.t |
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Volume 840, Page 198 View pdf image |
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