| Volume 841, Page 159 View pdf image |
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March Court ann.o 1728
159 that part sustained the same John Magan says and Confesseth that the aforesaid John Atkinson has Sustained damage by Occasion of the premises besides his Costs and Charges by him about his suite in that Part Expended to three pounds two shillings and ten pence Curr.t mony and because the aforesaid John Atkinson denys not this but the same allegation Confesseth to be true prays Judgmt and those damages above confessed together with his Costs and charges aforesaid to him adjudged &c Therefore by consent of the parties aforesaid it is considered that the aforesaid John Atkinson Recover against the aforesaid John Magan his damages aforesaid to the aforesaid three pounds two shillings and ten pence Curr.t mony by the aforesaid John Magan in form aforesaid Confessed as also two hundred and fifty three pounds of tobacco for his Costs and Charges aforesaid to the same John Atkinson at his request by the Court here of the assent of the parties ^aforesaid^ adjudged which Certain Damages in the whole do amount to three pounds two shillings and ten pence Curr.t mony and two hundred and fifty three pounds of tobacco with stay of Execution till the tenth ^day^ of Novem Next and the afd deft in mercy &c
Case &.a And that thereof he Should not fail &.a And the afd Jn.o Murrow by Fran: Allen his attry declared against ye afd Jno Magan in ye plea afd as Followeth Vizt Somrsett Co.ty fs John Magan Late of Somrsett Co.ty Schoolmaster was attached to answer unto Jno Murray of a plea of trespass upon the Case &a And whereupon ye S.d Jno Murray by fran Allen his attry Complains yt whereas ye Said Jn.o Magan ye Seventh day of June one thousand Seven Hundred & twenty Eight at Somrsett Co.ty within ye Jur of this Co.t was Indebted unto ye S.d Jn.o Murray in four pd.s Nineteen Shills Curr.t money of maryland as by Acc.t hereunto Annexed & here in Co.t produced may appear & being so thereof Indebted ye S.d Jn.o Magan in Consideration thereof ye day & year at ye Co.ty afd upon himselfe did assume to ye said Jn.o Murray then & there did faithfully promise yt he ye S.d Jn.o Magan ye Said Four pd.s Nineteen Shills to ye Said Jn.o Murray when he should be thereunto requested he would well & faithfully pay & Content & Altho' ye Said Jn.o Magan five Shills & three pence Pcell of ye afd four pd.s Nineteen Shill.s to ye Said Jn.o Murray he hath paid & satisfied yett as to four pd.s thirteen Shills & Nine pence residue thereof ye Said Jn.o Magan his promise & assumption afd in form afd made Nothing regarding but plotting & fraudulently Intending ye Said Jn.o Murray in yt part Craftilly & Subtilly to deceive & Defraud ye S.d four pd.s thirteen Shills & Nine pence to ye Said Jn.o Murray hath not paid or to him for ye Same in any wise Contented tho often by ye said John thereunto requested but ye Same to him to pay or in anywise for ye Same to Content hath hitherto Altogether refused and Still Doth refuse and Deny Whereupon he saith he is worse and hath Damage to the Value of Nine (pds) |
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| Volume 841, Page 159 View pdf image |
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