Volume 840, Page 233b View pdf image |
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March Court
1726 233 tob.o to the said Jos hath not paid but the same to him hitherto to pay hath Refused and still doth Refuse and Deny to the damage of the said Jos: of Eight hundred and Eighty pounds of tob.o and thereof she brings suite &c L Gale P Quer pledges &c Jno Doe Richard Roe
A Copy of the foregoing decl.n and acc.o were made and sent to be served on the afd Mary fall with the writt in the plea afd &c Att which said third tuesday of March to wit the twenty first day of the same month and year afd Anno Dom one thousand seven hundred and twenty six being the day of the return of the said writt Came the afd Jos: MccClester by his ^said^ attorney 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.n delivered in time p me Fran Allen sherr And the said Mary Fall being present here in Court is at the prayer of the plfts attorney afd adjudged to Give Speciall Bail to the action afd Thereupon a Certain W.m Turvel Late of Somrsett County Planter present here in Court undertakes for the said Mary Fall that if in Case the afd Jos MccClester Shall Recover Judgm.t in the plea afd against the afd Mary Fall or that the said Mary Fall shall be therein Convict that then she the said Mary Fall shall pay the Condemnation of the Court thereupon or Render her Body to the Costody of the sherr of Somersett County in satisfaction thereof or that he the said Will.m Turvel shall will do it for her &c Whereupon the afd Mary Fall in her own proper person Comes and Defends the force and Injury when &c and saith that she Cannot gainsay the action afd nor but that she did assume upon herselfe in manner and forme as the afd Jos MccClester above against her Complained nor Can she say but that the afd Jos hath sustained damages by occasion of the non performance of her promise and assumption afd to four hundred and forty pounds of tob.o and the same declaration in all the words before Expressly Confesseth Therefore it is Considred that the afd Jos MccClester Recover against the afd Jn.o Mary Fall as well the sum of four hundred and forty pounds of tobo his Damages afd by him in his declaration above supposed as also the sum of three hundred and five 305 pounds of tob.o for his Costs and Charges by him about his suite in that part Expended to the said Jos: by the Court here of his assent adjudged and the afd Deft in mercy &c
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Volume 840, Page 233b View pdf image |
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