Volume 840, Page 228b View pdf image |
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March Court
1726 228 Promise that he the said Jn.o the said one thousand five hundred and fifteen pounds 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 Jn.o one hundred pounds of tobo 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 and fifteen pounds of tob.o the said John his promise and assumption afd inform afd made Nothing Regarding but plotting and fraudulently Intending the said Jos in that part Craftilly and Subtilly to deceive and Defraud he the said one thousand four hundred and fifteen pounds of tob.o to the said Jos hath not paid altho' the same to do the said John was often there^unto^ requested but the same to him hitherto to pay hath Refused and Still doth Refuse and Deny to the Damage of the said Jos of two thousand Eight hundred and thirty pounds of tobo & thereupo he Brings suite &c L Gale P Quer pledges &c Jno Doe R Roe
A Copy of the foregoing decl.n and Acco were made and sent to be served on the afd Jn.o Sumers with the writt in the plea afd &c Att which said third tuesday of march to witt the twenty first day of the same month ann.o Dom One thousand Seven hundred and twenty Six being the day of the Return of the said writ Cometh the said Joseph MccClester by his attorney afd and the Sherr of Somersett County to whom the foregoeing writt was directed Likewise Cometh and maketh Return thereof to the Court here Endorsed in these words following vizt Cepi Corpus decl delivered in time p me Fran: Allen sherr Whereupon the afd John Sumers being Called appears and thereupon the afd John Sumers at the prayer of the plfts attorney afd is adjudged to give Speciall bail to the action afd Whereupon a Certain Ambross Riggin sen.r Late of of Somersett County Planter present here in Court undertakes for the said John Sumers that if in Case the afd Joseph MccClester shall Recover Judgment in the plea afd against the afd John Sumers or that the said John Sumers shall be therein Convict that then he the said John Sumers shall pay the Condemnation of the Court thereupon or Render his Body to the Costody of the Sherr of Somersett County in Satisfaction thereof that he the said Ambross Riggin Sen.r will do it for him &c Whereupon the afd John Sumers in his Own proper person Comes and Defends the force and Injury when &c ^and^ saith that he Cannot Deny the Action afd Nor but that he did upon himselfe assume in manner and forme as the afd Joseph MccClester above against him hath supposed nor Can he deny but that the afd Joseph hath Sustained Damages by occation of the Nonperformance of his promise and assumption afd to one thousand four hundred & fifteen pounds of tobo and the Same (Declaration) |
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Volume 840, Page 228b View pdf image |
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