Volume 840, Page 240 View pdf image |
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March Court 1726
240 whome ye foregoing Writt was Directed Likewise Cometh & Maketh return thereof to the Court here Endorsed these words following vizt Cepi Corpus decln Delivered in time P Francis Allen Sher And ye said randall West being present here in Court is at ye prayer of the Plfts attry afd adjudged to give Special bail to ye action afd thereupon a Certain W.m West & anthony West both of Somrsett County Planters present herein Court undertakes for ye said randall Westt yt if in Case ye afd Jos: MaClester Shall recover Judgm.t in ye plea afd against the afd Randall West or yt ye said randell West shall be therein Convict yt then he the said randell West shall pay the Condemnation of the Court thereupon or render his Body to ye Costody of ye sher of Somrsett County in satisfaction thereof or yt they ye said W.m West & anthony West will do it for him &a And the afd Randall West by George Dashill his attorney Comes and defend the force and Injury when &c and the same attorney says that he is not Informed by the Same Randall West his Clyant of any answer for the Same deft to the afd Plft in the plea afd to be given and nothing Else thereof says by which the Same plft Remains against the afd deft thereof undefended wherefore the afd Joseph his damages by occasion of the Nonperformance of the Promise and assumption afd against the afd Randall ought to Recover Whereupon at the Prayer of the afd Joseph and by the Consent of the afd Randall the Justices here according to Act of assembly in Such Case made and provided did assess the damages of same plft by occasion of the non performance of the promise and assumption afd besides his Costs and Charges by him about his Suite in that Part Expended to two thousand and thirty one pounds of tobacco Therefore it is Considered that the afd Joseph MccClester Recover against the afd Randall West two thousand and thirty one pounds of tobo his damages afd by the Justices 458 afd in form afd assessed as also four hundred and fifty eight pounds of tobacco for his Costs and Charges by him about his suite in that Part Expended to the same Joseph by the Court hereof his assent adjudged and the afd Deft in mercy &c
MaClester of a plea of Trespass upon the Case &a & that thereof he should not fail &a And the afd Jos: MaClester by Levin Gale his attry Declared against ye afd Anthony West in the plea afd as followeth vizt Somrsett fs Anthony West Late of Somrsett Co.ty Planter was attached to answer unto Jos MaClester of a plea of Trespass upon ye Case &c And whereupon ye same Jos: By Levin Gale his attry Complaines yt whereas ye afd Anthony ye tenth day of Novem Anno Dom one thousand (seven) |
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Volume 840, Page 240 View pdf image |
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