Volume 840, Page 232 View pdf image |
March Court
1726
232 Judgment in the plea afd against the said Jno Phillips ^or^ that then the said Jno Phillips shall be therein Convict that the he the said John Phillips shall pay the Condemnation of the Court thereupon or Render his Body to the Costody of the sherr of Somersett County in satisfaction Thereof or that he the said Tho.s Gordan will do it for him &c Whereupon the afd John Phillips in his own proper person Cometh and defendeth the force and Injury when &c and saith that he Cannot gainsay the action afd nor p but that he did upon himselfe assume in Manner and forme as the afd Jos: MccClester above against him supposed Nither Can he say but that the afd Joseph hath sustained damage by occasion of the Non performance of his promise and assumption afd to one thousand pounds of tob.o and the same Declaration before in all the words Expresly Confesseth &c Therefore it is Considered by the Court here that the afd Jos MccClester Recover against the afd John Phillips as well the sum of one thousand pounds of tobo his damages afd by him in his Declaration afd above Supposed as also the sum of three 321 hundred & Twenty one pounds of tob.o for his Costs and Charges by him about his Suite in that part Expended to the same Joseph by the Court here of his assent adjudged and the afd Deft in Mercy &c
to be held at 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 And the afd Joseph MccClester by Levin Gale his attorney Proceeds against the said John Williams in the Plea afd as followeth vizt Somersett fs John Williams 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 Complains that whereas the said John the first day of Novem Anno Dom one thousand Seven hundred & twenty Six at Somrsett County afd within the Jur of this Court was Indebted unto ye sd Joseph in fourteen hundred & forty Six pounds of Tob.o as by acc.t hereunto annexed may in Court appear and being so thereof Indebted the said John in Consideration thereof the day & year afd at the place afd upon himselfe did assume & to the said Joseph then & there did faithfully (promisse) |
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Volume 840, Page 232 View pdf image |
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