Volume 840, Page 272 View pdf image |
June Court
1727
272 Detaineth &c And whereupon the afd Mary, Simon, Hannah, Jacob, Jane, Magdalane, Hestor & Cornelias Kolluck by Jos: Pemberton their attry say yt whereas the afd Tho.s Mumford the Ninth day of July anno Dom one thousand Seven hundred & twenty by his Certain Writing Obligatory Confessed himselfe held to the afd Jacob Kollack in his Life in twenty five pd.s Eleven Shill.s Lawfull Silver Money of america to be paid to the same Jacob Kollack when thereof afterwards he should be required Nevertheless ye afd Tho.s Mumford tho' often required ye afd twenty five pd.s Eleven Shills to ye same Jacob Kolluck in his LIfe or the afd Mary, Simon Hannah, Jacob, Jane, Magdalen, Heston & Cornelias Kolluck after the death of ye same Jacob have not rendered but the same to them to render denieth & ye same Mary, Simon Hannah, Jacob, Jane, Magdalen, Heston & Cornelias as yett to render Denyeth & unjustly Detaineth Whereupon they say they are Deteriorated & have Dam to ye value of thirty pounds Like Money & thereof produceth Suite &c and offers here in Court as well the Writing Obligatory afd which the Debt afd doth testifie whose Date is the same Day & Year abovesaid &c as the Letters testamentary of the afd Jacob Kolluck by which it Sufficiently appeareth to the Court here the afd Mary Simon, Hannah, Jacob, Jane Magdalen, Hester & Cornelias were the Ex.rs of ye testam.t afd & thereof to have administration &c Jos: Pemberton P Quer pledges &c J Doe R Roe A Copy of the foregoing Decl.n was Made & sent to be served on the afd Tho.s Mumford with the Writt in the plea afd &c Att which said third tuesday of June to witt the twentieth day of the same Month Anno Dom one thousand Seven hundred & twenty seven being the day of ye return of the said Writt Cometh the afd Plfts by their 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 Copy Decl delivered in time Francis Allen sher Whereupon the afd Thomas Mumford by George Dashiell his attorney Comes and defends the force and Injury when &c and saith that he Cannot gainsay; but that the writing obligatory afd is the act of the same Thomas nor but that he detaineth from the afd Plfts the afd Twenty five pounds Eleven shillings in manner and form as the afd Plfts above against him have declared Therefore it is Considered by the Justices here that the afd Mary, Simon Hannah, Jacob, Jane, Magdalene Hestor and Cornelius Colluck Executors as afd recovered against the afd Thomas Mumford twenty five pounds Eleven shillings Lawfull silver money of america Debt afd and their damages by occasion of the detaining of the same debt to four hundred & Eleven pounds of tobacco to the same Plfts of their assent by the Court here adjudged and ye afd deft in mercy &c
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Volume 840, Page 272 View pdf image |
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