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Novem Court 1725
83 a halfe bushells of Indian Corn which to him he Owes and unjustly detains &c And whereupon the same Thomas by Levin Gale his attorney saith whereas the afd John the Ninth day of October Seventeen hundred and twenty four at the County afd within the Jurisdiction of this Court by his Certain Bill which the said Thomas hereinto Court Brings with the seal of the same John signed whose date is the same day and year afd bound himselfe to pay unto the said Thomas the full and Just quantity of Sixty five bushells and a halfe of good sound Merchantable Indian Corn upon wickacomoco River at or upon the tenth day of January Next Ensueing the date of the said Bill nevertheless the Said John altho' he thirty two Bushells of Indian Corn part of the afd Sixty five and a halfe bushells of Corn to the Said Thomas upon the tenth day of January next Ensueing the date of the said Bill hath paid yett the said John thirty three bushells and a halfe of Corn the Residue of the Said sixty five and a halfe bushells of Indian ^Corn^ to the said Thomas altho' often thereto Required hath not Rendered but the said John the same to the Said Thomas to render hath altother denyed and still doth deny and unjustly detain to the damage of the Same Thomas ten pounds Curr.t money and thereof he brings this Suite &c Levin Gale P Quer Pledgs Jno Doe R Roe And the said John Maglaughlin by George Dashiell his attorney Cometh and defendeth the force and Injury When &c and prayeth Leave to Imparle hereunto ^untill the Next Court^ and he hath ^it^ and the same day is given to the afd Plft also Att which said next Court to witt the fifteenth day of June anno Dom One thousand Seven hundred and twenty five Came againe as well the afd Plft as the afd deft by their said attorneys ^afd^ and thereupon the said deft by his said attorney prayed further Leave to Imparle hereunto untill the Next Court and he hath it and the same day is given to the afd Plft also Att which said Next Court to witt the seventeenth day of august anno Dom One thousand seven hundred and twenty five Came againe as well the afd Plft as the afd deft by their attorneys afd and thereupon the said deft by his said attorney prayed further Leave to Imparle hereunto untill the Next Court and he hath it and the same day is given to the afd deft also Att which Said Next Court to witt the Sixteenth day of November anno Dom One thousand seven hundred and twenty five Came againe as well the afd Thomas Holbrook as the af John Macglaughlin by their attorneys afd and whereupon the same John by his said attorney ^as before defends the force and Injury when &c and^ saith that he Cannot gainsay the Plft ^his^ action afd against him brought nor Can he say but that he is Justly Indebted unto the afd Plft the Sum of thirty Bushells of Ind and three pecks of Indian Corn part of the debt afd sued for Wherefore the said Plft prayeth Judgm.t for the said Sum of thirty bushells and three pecks of Indian Corn (part of the deft afd sued for) and Confesed and his Costs and damages Sustained by Occasion of the detaineing of the same debt to him to be adjudged &c Therefore it is Considered by the Justices here the same day and Year Last mentioned that the afd Thomas Holbrook Recover against the afd John Maglaughlin as well the sum of thirty Bushells and three pecks of Indian Corn his debt afd in form afd Confessed as also the sum 255) of Two hundred and Fifty five pounds of tobo ^for his^ Costs and damages sustained by occasioned of the detaining of the same debt to the same Thomas of his assent by the Court here adjudged and y.e afd Deft in Mercy &c |
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Somerset County Judicial Records, 1725-1727
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