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March Court
1726
244 And yt thereof he should not fail &a And the afd Jn.o Evans Jun.r by Levin Gale his attry Declared agt the afd Dennis Folio in ye plea afd as followeth vizt Somrsett fs Col Dennis Folio Late of Somrsett Coty Blacksmith al.s Dict Dennis Folio of Somrsett Coty & province of maryland Blacksmith was sumoned to answer unto Jn.o Evans Jun.r of a plea yt he render unto him ye sum of one thousand p.ds of Tob.o and Casque which to him he owes & Unjustly Detaines &a And Whereupon ye same Jn.o by Levin Gale his attry saith yt whereas ye afd Dennis ye fifteenth day of Aug.t anno Dom one thousand seven hundred & twenty four at Somrsett County within ye Jur of this Court by his Certain Writing obligatory granted himselfe to be held & firmly Bound unto the afd Jn.o Evans in ye afd Sum of one thousand pd.s of Tob.o & Casque to be paid to ye said Jno Evans at upon ye tenth day of october Anno Dom one thousand Seven hundred & twenty five Nevertheless ye Said Dennis ye said sum of one thousand pd.s of Tob.o & Casque though often thereto requested unto ye said John Evans upon ye tenth day of october Anno Dom one thousand seven hundred & twenty five or at any Time before or since hath not rendered or ye same Jn.o Evans for it in anywise Contented but ye said Dennis the same hitherto to doe hath Denyed & still doth Deny & Unjustly Detain to ye Dam of the Same Jn.o two thousand pd.s of Tob.o & thereof he Brings this Suite &c And ye same Jn.o Brings here into Court ye writing obligatory afd with ye Debt afd in forme afd Witnesseth whose Date is &a L Gale P Quer pledges &a J Doe R.d Roe A Copy of ye foregoing Decl.n was made & sent to be served on ye afd Dennis Folio w.th ye Writt in ye plea afd &a Att which said third tuesday of March to witt ye twenty first day of ye same Month Anno Dom one thousand seven hundred & twenty Six being ye Day of ye return of ye said ^writt^ Cometh ye afd Jn.o Evans Jun.r by his attry afd & ye sher of Somrsett County to whome ye foregoing Writt was Directed Likewise Cometh & Maketh return thereof to ye Court here Endorsed in these words following vizt Cepi Corpus Decl.n Delivered in time P me Fran Allen Sher Whereupon the afd Dennis Folio being Called appears and thereupon the said Dennis Folio at the prayer of the Plantiffs attorney afd is adjudged to give Speciall Bail to the action afd but for want thereof the afd Dennis Folio is Committed into the Custody of the Sherr of Somersett County thereto to remain the said Sherr to witt Francis Allen Gent present herein Court took Charge of the afd Dennis Folio accordingly And whereupon the afd Dennis Folio in his own proper person (in Custody as afd) Comes and defends the force and Injury when &c And saith that he Cannot gainsay the action afd of the afd John Evans nor but that he Oweth the afd John the afd one thousand pounds of tobacco in manner and form as the Same John above against ^him^ declared Therefore it is Considered that the afd John Evans Jur Recover against the afd Dennis Folio one thousand pounds of tobo his debt afd as also three hundred and seventeen pounds of tobo for his damages which he sustained as well by occasion of the detaining of the same debt or for his Costs and Charges by him about his suite in that part Expended to the Same John by |
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Somerset County Judicial Records, 1725-1727
| Volume 840, Page 244b View pdf image |
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