Volume 840, Page 236 View pdf image |
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March Court
1726
236 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 said Writt Cometh ye afd Jos: MaClester by his attry afd & the sher of Somrsett County to whome ye foregoing Writt was Directed Likewise Cometh & Maketh return thereof to the Court here Endorsed in thes words following vizt Cepi Corpus decln Delivered in time P me Fran Allen sher And the said Edw.d Poynter being present here in Court is at ye prayer of the Plfts attry afd adjudged to give Speciall Bayle to ye action afd thereupon a Certain John Dennis Sen.r Late of Somrsett County Planter present herein Court undertakes for the said Edward Poynter yt if in Case ye afd Jos: MaClester Shall recover Judgm.t in ye plea afd against ye afd Edward Poynter on yt sa ye Said Edward Poynter shall be there in Convict that then he ye said Edward Poynter shall pay the Condemnation of the Court thereupon or under his Body to the Costody of the Sher of Somrsett County in Satisfaction thereof or yt he the said John Dennis Sen.r will do it for him &c Whereupon ye afd Edward Poynter in his own proper person Comes & defends the force and Injury when &c and saith yt he Cannot gainsay ye action afd nor but that he did assume upon himselfe in Manner & forme as ye afd Jos: MaClester above against him hath Complained nor Can he say but that ye afd Joseph MaClester hath Sustained Damage by occasion of ye non performance of his promisse & assumption afd to Four hundred & Seventy Six pd.s of Tob.o & the same Decl.n in all the words before Expressly Confesseth Therefore it is Considered yt ye afd Joseph MaClester recover against ye afd Edward Poynter as well ye Sum of Four hundred & Seventy Six pd.s of Tob.o his damages afd by him in his decl.n above supposed as also the Sum of 305 three hundred and five pounds of Tob.o for his Costs & Charges by him about his suite in yt part Expended to ye same Jos: by the Court hereof his assent adjudged & the afd Deft in Mercy &c
Somrsett to be held at Dividing Creek ye third tuesday of march then Next to answer unto Joseph MaClester of a plea of Trespass upon ye Case &c & that thereof She should not fail &c And the afd Jos: MaClester by Levin Gale his attry Proceeded against the said Mary Godwin in ye plea afd as followeth vizt Somrsett fs Mary Godwin Late of Somrsett County Widdow was attached to answer unto Jos: MaClester of a plea of Trespass (upon) |
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Volume 840, Page 236 View pdf image |
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