Volume 840, Page 226b View pdf image |
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March
Court 1726
226 A Copy of the foregoing declaration and account were made and sent to be served on the afd Will.m with the writt in the plea afd &c Att which said third tuesday of March Next to witt the twenty first day of the Same Month Anno Dom one thousand Seven hundred & twenty Six ^being the day of the return of the writt afd^ Cometh ye S.d Joseph MaClester by his attry afd and the Sher of Somrsett County to whome ye foregoing Writt was Directed Likewise Cometh & Maketh return thereof to ye Court here Endorsed in these words vizt Cepi Corpus Decl.n Deliverd in time p me Fra: Allen Sher Whereupon the afd Will.m Brereton by Geo: Dashiell his attry Comes & Defends the force & Injury when &c & says that he Cannot Deny but that he did assume upon himselfe in manner & form as the afd Joseph above against him Declared nor but that he owes the afd Joseph seven hundred & forty four pounds of Tob.o Part of the Debt afd sued for which the said Plft doth not gainsay &c Therefore it is Considered by the Court here that the afd Joseph MaClester Recover against the afd Will.m Brereton as well the sum of seven hundred & forty four pounds of Tob.o his Damages afd in form afd Confessed as also the Sum of two hundred & Seventy Nine pd.s of Tob.o for his Costs & Charges by him about his suite in that part expended to the same Joseph by the Court hereof his assent adjudged & ye afd Deft in Mercy &c
March then next to answer unto Joseph MccClester of a plea of trespass upon the Case &c and that thereof he should not fail &c And the afd Joseph MccClester by Levin Gale his attorney declared against the afd Thomas in the plea afd as followeth viz.t Somersett fs Thomas Gordon Late of Somersett County planter was attached to answer unto Joseph MccClester of a plea of trespass upon the Case &c And Whereupon the said Joseph by Levin Gale his attorney Complaines that whereas the said Thomas the first day of Novem Ann Dom one thousand seven hundred and twenty six at Somersett County afd within the Jur of this Court was Indebted unto the said Jos: in one thousand five hundred and seventy five pounds of tob.o as by acc.o hereunto annexed may appear and being so thereof Indebted the said Thomas in Consideration thereof the day and year afd at the place afd upon himselfe did assume and to the said Jos: then and there did faithfully promise that he the said Tho.s the said one thousand five hundred and seventy five pd.s of tob.o to the said Jos: when he should be thereunto requested he would well and faithfully pay and Content and altho' the said Tho.s one hundred pounds of tob.o percel of the said Debt to the said Joseph he hath paid and satisfied yet as to the residue thereof being one thousand four (hundred) |
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Volume 840, Page 226b View pdf image |
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