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June Court
1728 105 And there did Escape & to Places to the same francis unknown did fly and the said Francis & the said Francis further saith that he the said Francis frosbly Diligently & Closely after the Escape afd so as afd made at Somrsett County afd Pursued for the recaption of the Said Vidal & the Pursuite afd ^from thence^ from place to Place & from Coty to County did Make and Continue untill the afd Francis afterwards to witt the Eight Day of Novem Anno Dom one thousand Seven hundred & twenty Seven the afd John Vidall by that pursuite at Somrsett Co.ty also did retake & him the said Vidall in prison also did putt in Execution for the Damages afd at the suite of the Said Ephraim Wilson and ^him^ still doth these detain & the afd Jn.o Vidall in the prison afd in Custody afd in Execution for the Dam.s afd at the Suite of the afd Ephraim being from that time hither to hath remained & Still doth remain which Escape of the afd Jno Vidall so out of the prison afd as it is said made is the same Escape whereof the Said Ephraim above thereof against him hath Complained & this he is ready to verifie therefore he prayeth Judgm.t if the afd Ephraim his action afd thereof against him to have and Maintain ought &a And the afd Ephraim Saith that he by any thing by the afd Francis above in pleading alledged Ought not to be precluded from haveing his action afd thereof against him ye same Francis because he sayes that the Plea afd by the afd Francis in Manner & form afd above pleaded & the Matter in the Same Containd are Not Sufficient in Law to preclude the Same Ephraim Wilson from haveing his Action afd thereof against the Said Francis & that he the Same Ephraim hath no Necessity nor by the Law of the Land is held in any Manner to answer thereto & this he is ready to verify wherefore for want of a Sufficient answer in that part he ye same Ephraim prays Judgm.t & his Dam.s by occasion of the Premisses to him to be adjudged &a And for Causes of Demurer according to the form of the Statute in Such Case made & Provided the said Ephraim offers these Causes following viz.t The Said Francis in his Plea afd hath not alledged that he retook the afd Jn.o Videll before the day of the Impetration of the Writt Originall afd and that the plea afd altogether uncertain Insufficient and Wants form And the afd Francis for that he Sufficient Matter in Law in his plea afd the afd Ephraim to Barr from having his action afd against him the S.d Francis above in pleading hath alledged which Matter the said Ephraim hath not gainsaid but the truth thereof to admitt hath altogether refused prays Judgm.t and that the Said Ephraim from haveing his action afd May be barred &a Whereupon all and Singular the premisses by the Court here seen heard and fully understood and mature deliberation thereupon had it seemeth to the Court here that the plea afd by the same francis in manner and form afd above Pleaded and the Matter in the same Contained are good and sufficient in the Law to the afd Ephraim of his action afd against the Same francis to have and preclude Therefore it is Considered by the Court here the Eighteenth day of June Ann.o Dom One thousand Seven hundred and twenty Eight that the afd Ephraim Willson take |
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Somerset County Judicial Records, 1727-1730
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