Volume 840, Page 245b View pdf image |
March Court
1726 245 And whereupon the afd Robert Trueman by Levin Gale his attorney Comes and defends the force and Injury when &c and says that he Cannot gainsay the action afd of the afd John Donelson neither Can he say but that the writing Obligatory afd is his act and deed and that the debt therein Mentioned is yett due and unsatisfied wherefore the afd plft prays Judgm.t for the his debt afd wherefore the same Plft prays Judgmt for his debt afd and his Costs and damages sustained by occasion of the detaining of the same debt to him to be adjudged &c 402 Therefore it is Considered that the afd John Donelson Recover against the afd Robert Trueman 402 as well thirty pounds Curr.t silver money of america his debt afd as also four hundred & two pounds of tobacco for his damages which he sustained as well by occasion of the detaining of the same debt as for his Costs and Charges by him about his suite in that Part Expended to the same John by the Court here ^of his assent^ adjudged and the afd Defendt in Mercy &a
of Somrsett to be held at Dividing Creek ye third tuesday of March then Next to answer unto Jn.o Prise of a plea of trespass upon ye Case &a & yt thereof he should not fail &a and the afd Jn.o Prise by Geo Dashiell his attry Declared against ye afd Jn.o Phipps in ye plea afd as followeth vizt Somrsett Co.ty fs Jn.o Phipps Late of Stepny parrish in Somrsett County School master was attached to answer unto Jn.o Prise of a plea of Trespass upon ye Case &a And whereupon ye same Jn.o Prise P.r Geo Dashiell his attry Complaines yt ye sd John Phipps on ye eighteenth day of June Anno Dom one thousand Seven Hundred & twenty Six at Stepney Parrish afd within ye Jur of this Court was Indebted to ye said Jn.o Prise in ye Sume of Five hundred pence to be paid unto the afd Jn.o Prise by the Last day of Decem as P.r a note under ye hand of ye said John Phipps may in Court appear & ye said Jn.o Phipps being Indebted as afd for & in Consideration afd at ye time & place afd Did upon himselfe assumed and promisse yt ye sd Sum of five hundred pence he wou'd well & truly pay by ye Last day of Decem one thousand Seven hundred and twenty six as p.r Said Note may appear Nevertheless the said Jn.o Phipps ye afd Sum of five hundred pence according to ye Tennor of his Said Note he hath not paid nor ye same in any ways Contented (altho' often thereto requested) but ye Same to pay and Content according to ye tennor of his Said Note he hath Denyed and refused and Still doth Denie to ye Damage of ye Said Jn.o Price of one thousand pounds of Tob.o & thereof he Brings Suite &a Dashiell Pro Quer pledges &.a Jno Doe Richd Roe A Copy of ye foregoing Declaration was made and sent to be served on the afd Jn.o Phipps with ye Writt in ye plea afd &a |
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Volume 840, Page 245b View pdf image |
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