Volume 840, Page 231 View pdf image |
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March
Court 1726
231 A Copy of the foregoing Decln and acct were made & sent to be served on the afd Goyles Bashaw 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 anno Dom one thousand seven hundred & twenty Six being the day of the return of the said Writt Cometh ye afd Joseph MaClester by his attry afd & the Sher of Somrsett County to whome the foregoing writt was Directed Likewise Cometh & Maketh return thereof to the Court here Endorsed in these words vizt Cepi Corpus Decln Delivered in time p me Fran Allen Sher Whereupon the afd Goyles Bashaw by George Dashiell his attorney Cometh and defendeth the force and Injury when &c and saith nothing in bar or avoydance of the action afd of the afd Joseph MccClester by which the Same Joseph Remaineth against afd Goyles thereof undefended Wherefore the afd Joseph his damages by occasion of the non performance of the promise and assumption afd against the afd Goyles ought to Recover &.c whereupon at the prayer of the same Joseph and by the Consent of the afd Goyles the Justices here according to act of assembly in Such Case made and provided did assess the Damages of the same plft by occasion of the non performance of the Promise and assumption afd besides his Costs and Charges by him about his suit in that Part Expended to Six hundred and two pounds of tobo Therefore it is Considered that the afd Joseph MccClester Recover against the afd Giles Bashaw as well the sum of Six hundred and two pounds of tobacco his damages afd by the Justices afd in form afd assessed as also the Sum of Two hundred & sixty four 264 pounds of tobo by for his Costs and Charges by him about his Suite in that part Expended by to the same Joseph by the Court here of his assent adjudged and ye afd deft in mercy &c
Dividing Creek the third tuesday of march then next to answer unto Jos: MccClester of a plea of trespass upon the Case &c and that thereof he should not fail &c Somrsett fs: John Phillips 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 Jos: by Levin Gale his attorney Complaines yt whereas ye said (Jno) |
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Volume 840, Page 231 View pdf image |
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