| Volume 841, Page 170 View pdf image |
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March
Court Ann.o 1728
170 Att which said Next Court to witt ye Eighteenth day of March Anno Dom one thousand Seven Hundred & twenty Eight Came again as well ye afd Jn.o Murray as ye afd Rachell Allexander by their attrys afd and the afd Rachel by her said Attorney as before defends the force and Injury when &.c And saith that the said John his action afd thereupon against her the said Rachel to have and maintain Ought not because she saith that she at the time of the Suing out of the Originall writt of the said John against the said Rachell had fully administred all the goods and Chattells which were of the afd Henry at the time of his death in her hands Remaining to be administred by reason whereof the said Rachell the debt afd to the aforesaid to the afd John could not pay and this he is ready to verifie whereupon he prays Judgm.t if the said John his action aforesaid thereupon to have and maintain ought &a And whereupon the said Rachell by her attorney aforesaid relinquisheth her averment afd by her above alledged and says that she Cannot gainsay the action afd of the afd John nor can she Say but that the aforesaid Henry in his life did assume upon himselfe in manner and form as the afd John above against her hath Complained And as to the damage of the same John by him by Occasion of the premisses in that part sustained the same rachel says and Confessed that the aforesaid John hath Sustained Damage by Occasion of the premisses besides his Costs and Charges by him about his Suit in that part Expended to Six pounds thir^teen^ shillings and Eight pence Currt mony and because the afd John denys not this but the same alligation confesseth to be true prays Judgmt and those Damages above Confessed together with his Costs and Charges afd to him adjudged &c Therefore by Consent of the Parties afd it is Considered that the aforesaid John Murrah Recover against the afd Rachell Alexander Executrix as afd his damages to the afd Six pounds thir^teen^ Shillings and Eight pence Curr.t mony by the afd Rachell in form afd Confessed as also two hundred and fifty five pounds of tobacco for his Costs and Charges afd to the Same John at his Request by the Court here and Consent of the parties afd adjudged to be Levied of the goods and Chattells which were of the afd Henry at the time of his death in the hands of the same rachell remaining to be administred if the same Rachell hath so much thereof in hands and if so much ^thereof^ her hands she hath not then the Costs afd to be Levied of the proper Goods and Chattells of the same Rachell and the afd Deft in Mercy &c
And whereupon the same francis Allen by Levin Gale his attorney Complains that whereas the afd Henry Travers the tenth day of October anno Dom One thousand Seven hundred and twenty Eight at somersett County within the Jurisdiction of this Court was Indebted unto the Same Francis the Sum of Eighteen hundred and forty pounds of tobacco as by acco.t herewith in court produced may appear and so thereof being Indebted the said Henry in Consideration thereof afterwards to witt the Same day and Year afd at the County afd within the afd Jurisdiction upon |
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| Volume 841, Page 170 View pdf image |
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