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Novemr Court
1726
208 Southy Esther and Hannah with the seal of the afd Thomas signed here into Court bring hereinto Court whose date is the same day and Year did acknowledge himselfe to owe to the afd stevens White in his Life the afd Nine Thousand two hundred and fifty three pounds of good sound merchantable Leafe tob.o in Cask to be paid the same Stevens White his Ex.rs adm.rs or assignes Nevertheless the afd Thomas altho' often requested the same Nine thousand two hundred and fifty three pounds of tob.o to the afd Stevens White in his Life or the afd W.m Whittington Esq.r after the death of the same Stevens White or the same W.m Southy Esther and Hannah Whittingtons after the death of the same Will.m Whittington Esq.r the same Thomas hath not rendered but the same to them to render Contradicteth and the same to the same W.m Southy Esther & Hannah Whittingtons as yet to render denyeth and unjustly detaineth whereupon they say they are deteriorated and hath damage to the Value of ten thousand pounds of tobacco and thereof they bring suite and offers here in Court the writing obligatory afd which the debt afd doth testifie & the same W.m South Esther and Hannah Whittingtons brings herein the same Court as well the Letters testamentary of the afd Stevens White by which it manifestly appears to the Court here that the afd Will.m Whittington afd was Ex.r of the testament of the afd Stevens White and thereof to have adm.rn as the Letters testamentary of the afd Will.m Whittington Esq.r by which it manifestly appears to the Court here that the afd W.m Southy Esther and Hannah Whittingtons were Ex.rs of the testament of the afd W.m Whittington Esq.r and thereof to have administration L Gale Quer Pledges &.c J Doe R Roe Whereupon the afd Thomas Brown being Called appears and thereupon the said Tho.s Brown at the prayer of the Plfts attorney af the said Thomas Brown is adjudged to give Speciall bail to the action afd Whereupon a Certain Thomas Brown that if in case the afd Will.m Southey, Esther and Hannah Whittington's shall recover Judgm.t in the plea afd against the said Thomas Brown or that the said Thomas Brown shall be therein Convict that then he the said Thomas Brown 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 Thomas Benston will do it for him And whereupon the said Thomas Brown in his Own proper person Cometh and defendeth the force and Injury when &.c and saith that he Cannot gainsay the action afd of the afd W.m Southy, Esther and Hannah Exrs as afd nor but that he detained from them the afd Nine thousand two hundred and fifty three pounds of tobacco in manner and form as the same W.m Southy Esther and Hannah Whittington above against him declared &c Therefore it is Considered by the Justices here the fifteenth day of Novemr anno Dom One thousand Seven hundred and twenty Six that the afd William Southy Esther and Hannah Whittington's Ex.rs as afd Recover against the afd Thomas Brown Nine thousand two hund.r and fifty two pounds of tobo his debt afd as also three hundred and sixty pounds of tobo ^for their damages which they sustained by occasion of ye Detaining ye same Debt as^ for their Costs and Charges by them about their suit in that part Expended to the same plfts by the Court here of their assent adjudged and the afd Deft in Mercy &c |
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Somerset County Judicial Records, 1725-1727
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