Volume 840, Page 58b View pdf image |
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August Court
Court
1725 58 Somersett County there to Remain &c the Said Sherr being present took Charge of the said William Timmons accordingly thereupon day is given unto the said William Timmons in Custody as afd untill the Next Court & the same day is given to the plft also Att which Said next Court to witt the seventeenth day of Augt anno Dom One thousand Seven hundred and twenty five Came again as well the afd Thomas Dashiell by his attorney afd as the afd William Timmons in his proper person in Custody ^as afd^ and the said Thomas Dashiell by his attorney prays that the afd William Timmons In Custody as afd to his declaration in the plea afd may answer thereupon it is said by the Court unto the Said William Timmons in Custody as afd that he answer the declaration afd of the afd Thomas Dashiell within halfe an hour and afterwards in the Same Court the Said WIlliam Timmons in Custody as afd altho' Solemnly Called Comes not but makes default whereby the said Plft remains against the said deft wholly undefended Therefore it is Considered by the Court here the same day and Year afd that the afd Thomas Dashiell Recover against the afd William Timmons as well the Sum of One thousand and Twenty four pounds of 314 tobacco his debt afd as also the Sum of three hundred and fourteen pounds of tobo for his Costs and damages sustained by occasion of the detaining of the same debt to the same Thomas Dashiell of his assent by the Court here adjudged & the afd deft in Mercy &c
detaineth &c And whereupon the Said James by Francis Allen his attorney Saith that Whereas the said Henry the Ninteenth day of march anno Dom One thousand seven hundred and twenty One at Somersett County afd within the Jurisdiction of this Court by his Certain Writing Obligatory which the Said James with the Seal of the Said Henry Signed hereinto Court Brings the date whereof is the Same day and Year did Acknowledge himselfe to be bound unto the Said James in the afd fourteen pounds Sixteen Shillings money afd to be paid unto the afd James when he Should be thereunto Required Yett the said Henry tho' often Often Required the Said fourteen pounds Sixteen Shillings to the Said James hath not Rendered but the same to him hitherto to Render hath denyed and Still doth deny and unjustly detain to the damage of the said James of twelve pounds money afd and thereupon he brings suite F Allen Qur his Pledge deft Jn Doe R Roe Whereupon the said Henry Alexander in his Own proper person appears and thereupon the said Henry Alexander undertakes for the Said James Simson that in Case he be Nonsuited in the plea afd or otherwise Legally Cost that then the Said James Simson Shall pay the Condemnation of the court and all Costs accrewing thereon or that he the Said Henry Allexander will do it for him &c And the Said Henry Alexander in his Own proper person appears Comes and defends the force & Injury when &c and Says that he Cannot Gainsay the plft his action afd against him brought nor Can he say but that the bound or writting obligatory afd is his act and deed and that the debt therein Mentioned |
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Volume 840, Page 58b View pdf image |
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