Volume 841, Page 171b View pdf image |
March Court
1728
171 as before defends the force and Injury when &c and Says that he Cannot Gainsay the action of the afd Philip against him brought nor Can he Say but that the Said Philip Ought to recover his damages by occasion of the premisses afd besides his Costs and Charges by him about his Suite in that part Expended to thirty five shillings Curr.t mony which the said Plft doth not Gainsay Therefore it is Considered by the court here that the afd Philip Taylor Recover against the afd John Denston his damages afd to thirty five shillings currant mony in form afd Confessed as also four hundred and twenty pounds of tobacco (being as much Costs as Damage) by for his Costs and Charges to the Same Phillip by the Court here according to the form of the Statute in Such Case late made and provided adjudged and the aforesaid deft in mercy &c
said William the Sixteenth day of June anno Dom one thousand Seven hundred & fifteen at Somersett County aforesaid within the Jurisdiction of this Court in Consideration that he the Said William had received of the afd Samuel in his Life time seventy six bushells and three pecks of Indian corn at the price of two shillings P bushell amounting in the whole to the Sum of seven pounds thirteen shillings and Six pence Curr.t mony of this Government upon himselfe did assume and to the said Samuel in his Life time then and there did faithfully promise that he the Said William Sundry goods wears and Merchandizes of the value of the afd Seven pounds thirteen shillings and Six pence to the Said Samuel when he should be thereunto requested he would well and faithfully pay and deliver And altho' the said William Sundry goods weares and Merchantdizes to the said Samuel in his life time he did deliver to the value of five pounds one shilling and six pence halfe penny Pcell of the afd Seven pounds thirteen shillings and six pence Yett as to goods wears and merchantdizes to the value of Two pounds Eleven Shillings and Eleven pence halfe penny residue thereof the said William his promise and assumption afd in form afd made nothing regarding but plotting and fraudulently Intending the said Samuel in his life time in that part Craftilly and Subtilly to deceive and defraud goods &.c to the value of the afd two pounds Eleven shillings and Eleven pence halfe penny to the afd Samuel in his life time or to the afd John Since the decease of the afd Samuel altho' the Same to do the Said William by the said Samuel in his Life time to witt the afd sixteenth day of June in the year aforesaid and Often afterwards and by the said John since the decease of the Said Samuel in his life time Capacity aforesaid to witt ^on^ the first day of August anno Dom One thousand Seven hundred and twenty Eight and often afterwards at Somersett County afd within the Jurisdiction afd he was thereunto requested hath not delivered or for the Same in any sort Contented nor to either of them ^have delivered or^ Contented but the same to do the said Samuel in his Life time or to the afd John in his said Capacity since the decease of the said Samuel hath refused and the Said William the Same to doe to the said John still doth refuse and deny to the retarding him in the Execution of the last will and testament aforesaid whereupon he saith he is worse and hath damage to the value of five pounds curr.t mony and thereupon he brings suite &c and brings hereinto Court ye Letters Testamentary of the afd Smauel by which &c And |
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Volume 841, Page 171b View pdf image |
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