Volume 840, Page 241d View pdf image |
March Court
1726
241
Phenix Hall with the Writt in the plea afd &a Att which said third tuesday of March nextto witt the twenty first day of the Same Month Anno Dom one thousand Seven hundred & twenty Six being the day of the return of the said Writt 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 these words following vizt Cepi Corpus Decl.n Delivered in time p me Fran: Allen sher And the said Phenix Hall being Present herein Court is at ye prayer of ye Plfts attry afd adjudged to give Speciall Bail to the action afd thereupon a Certain W.m Hall ^late^ of Somrsett County Planter Present herein Court undertakes for the said Phenix Hall yt if in Case the afd Jos: MaClester shall Recover Judgm.t in ye plea afd against ye afd Phenix Hall of yt ye Said Phenix Hall shall be therein Convict yt then he ye sd Phenix Hall shall pay the Condemnation of the Court thereupon or render his Body to the Custody of the sher of Somrsett County in the satisfaction thereof or yt he ye said W.m Hall will do it for him &ca Whereupon the afd Phenix Hall in his own proper Person Comes & Defends ye force & Injury when &a & saith yt he Cannot gainsay the action afd nor but yt he did assume upon himselfe in manner & forme as ye afd Jos: MaClester above against him hath Complained nor can he say but yt the afd Jos: MaClester hath sustained Dam by occasion of ye nonperformance of his promisse & assumption afd too eight hundred & thirty four pd.s of Tob.o & the Same Decl.n in all the words before expressly Confesseth &a Therefore it is Considered yt ye said Jos: MaClester recover against ye afd Phenix Hall as well the sum of eight hundred & thirty four p.ds of tob.o his Damages afd by him in his Declaration above supposed as also the sum of 333 Three hundred & thirty three pounds of Tob.o for his Costs & Charges by him about his Suite in yt part Expended to the same Joseph by the Court here of his assent adjudged and the afd Deft in Mercy &a |
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Volume 840, Page 241d View pdf image |
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