Volume 840, Page 76 View pdf image |
Novem. Court
1725
76 Colbourn Should be thereto required Nevertheless the Said Colbourn tho' often thereto Required the afd Sum of two thousand three hundred and Seventy Eight pounds of tobacco to the same Joseph hath not REndered but he the same hitherto to the same Joseph to render hath altogether denyed and still doth deny whereby the Same Joseph says he is the worse and hath damage to the value of three thousand pounds of tobacco and thereof he brings this Suite &c and the said Joseph brings here into Court the writing Obligatory afd &c L Gale P Quer Pledges &c Jno Doe R Roe And whereupon the said Colbourn Taylor being Called appears and thereupon the said Colebourn Taylor at the prayer of the Plfts attorney afd is adjudged to give Speciall bail to the action afd but for want thereof the Said Colbourn Tayler is Committed into the Custody of the Sherr of Somersett County there to remaine &c And afterwards in the Same Court Cometh a Certain John White of Marumsco in Somersett County Planter and undertakes for the afd Colbourn Tayler that if in Case the Said Joseph MccClester Shall Recover Judgm.t in the plea afd against the said Colbourn Tayler or that the Said Colbourn Taylor shall be therein Convict that then he the Said Colbourn Tayler shall pay the Condemnation of the Court thereupon or render his body to the Costody of the Sherr of Somersett County in Satisfaction thereof or that he the Said John White will do it for him &c whereupon the Said Colebourn Taylor ion his proper person Cometh and defendeth the force and Injury when &c and Sayeth that he Cannot gainsay 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 Judgmt for his debt afd & his Costs and damages sustained by Occasion of the detaining of the Same Debt to him to be adjudged &c Therefore it is Considered by the Justices here the Sixteenth day of Novem anno Dom One thousand seven hundred and twenty five that the afd Joseph MccClester Recover against the afd Colbourn Taylor as well the Sum of two thousand three hundred seventy and Eight pounds of (389) Tobacco his debt afd as also the Sum of three hundred and Eighty Nine pounds of tobo by the Court here adjudged unto him for his Costs and Damages sustained by Occasion of the detaining of the same debt & ye afd deft in mercy &c memorand.m ye plft Releaseth the penalty reserving ye principall debt and Interest untill payment &c
of tobacco which to him he owes and from him he unjustly detains &c And whereupon the same (Joseph) |
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Volume 840, Page 76 View pdf image |
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