Volume 840, Page 239 View pdf image |
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March Court
1726 239 A Copy of the forgoing declaration & acc.t were made & sent to be served on the afd Abraham Mason with the writt in the plea afd &c Att which said third tuesday of March next to witt the twenty first day of the same Month anno Dom one thousand and seven hundred & twenty Six being the day of the return of the said Cometh the afd Jos: 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 thes words following vizt Cepi Corpus decl.n Delivered in time P me Fran: Allen Sher And the said Abraham Mason being present here in Court is at ye prayer of ye Plfts attry afd adjudged to give Speciall Bail to ye action afd thereupon a Certain Tho.s Newbold Late of Somrsett County Planter Present here in Court undertakes for the said Abraham Mason yt if in Case ye afd Joseph MaClester shall recover Judgm.t in the plea afd against the afd Abraham Mason or yt he ye said Abraham Mason shall be therein Convict that then he ye said Abraham Mason shall pay the Condemnation of the Court thereupon or render his body to the Costody of the Sher of Somrsett County in Satisfaction thereof or yt he ye said Tho.s Newbold will do it for him &a Whereupon the afd Abraham Mason in his own proper Person Comes & defends the force & Injury when &.a & saith yt he Cannot gainsay ye action afd nor but yt he did assume upon himselfe & in Manner & forme as the afd Jos: MaClester above against him hath Complained nor can he say but that ye afd Jos: MaClester hath sustained Dam by occasion of the Nonperformance of his promisse & assumption afd too one thousand Six hundred and ten pd.s of Tob.o & the Same Declaration in all the words before Expressly Confesseth Therefore it is Considered yt ye said Jos: MaClester recover against ye afd Abraham Mason as well the sum of one thousand six hundred & ten pd.s of Tob.o his Damages afd by him in his Declaration above Supposed as also ye sum of 327 three hundred Twenty seven pounds of tob.o for his Costs & Charges by him about his Suite in yt part Expended to the same Joseph by ye Court hereof his assent adjudged & the afd Deft in Mercy &a
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 &.a And the afd Jos: MccClester by Levin Gale his attorney declared against the afd Randall West |
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Volume 840, Page 239 View pdf image |
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