Volume 840, Page 72b View pdf image |
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Novem Court
1725
72 afd within the Jurisdiction of this Court by his Certain Writing Obligatory granted himselfe to be held and firmly Bound unto the afd Robert in his Lifetime in the Sum of three thousand one hundred and sixty pounds of tobacco to be paid the same Robert his Exrx adm.rs or assigns when afterwards the said John should be thereto Required Nevertheless the Said John altho' often thereto required the afd sum of three thousands one hundred and sixty pounds of tobacco to the same Robert in his Lifetime or the afd Mary since the death of the Said Robert hath not Rendered but the same to the same Robert in his Lifetime to Render hath altogether denyed and he the Same to the Said Mary to Render still doth deny whereby the same Mary says she is the Worse and hath damage to the value of three thousand pounds of tobacco and thereof she brings this Suite &c and the Said Mary Brings hereinto Court as well the Letters testamentary &c as the Writting Obligatory afd &c Levin Gale Quer Pledges &c Jno Doe R Roe Whereupon the said John Bosman being present in Court is adjudged ^by the Court^ at the prayer of the Plfts attorney afd to give Speciall bail to the action afd Whereupon a Certain James Burnett of Somersett County Planter present in Court in his proper person undertakes for the said John Bosman that if in Case the said Mary Martin Exrx as afd shall Recover Judgm.t in the plea afd against the said John Bosman shall pay the Condemnation of the Court thereupon or Render his Body to the Custody of the Sherr of Somersett County in satisfaction thereof or that he the said James Burnett will do it for him &c Whereupon the said John Bosman in his Own proper person Cometh & defendeth the force and Injury when &c and sayth that he Cannot gain say the plft his action afd against him brought nor Can he say but that the writing Obligatory afd is his act and deed & that the debt therein Mentioned is Yett due and Unsatisfyed wherefore the Said plft prays Judgm.t for her debt afd and her Costs and damages sustained by occasion of the detaining of the same debt &c Therefore it is Considered by the Justices here the seventeenth day of Novem anno Dom One thousand Seven hundred & twenty five that the afd Mary Martin Executrix as afd ^Recover against the afd^ John Bosman three thousand One hundred and Sixty pounds of tobacco her debt afd and her Costs and damages by the (395) Occasion of the detaining of the Same debt to three hundred and Ninety five pounds of tobacco ^to^ the same Mary by her assent by the Court here adjudged and the afd Deft in mercy &c
viz.t Cepi Corpus P Francis Allen Sherr Whereupon the afd Dennis Folio being Called appears and thereupon the Said Dennis Folio at the prayer of the plfts attorney is adjudged to give Speciall Bayle to the action afd Whereupon a Certain Richard Plunkett of Somersett County Planter Present here in Court |
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Volume 840, Page 72b View pdf image |
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