Volume 841, Page 172 View pdf image |
March Court 1728
172 And the afd WIlliam Whitesides by Levin Gale his attorney Comes and defends the force and Injury when &.a and prays leave to Imparle hereunto untill the next Court and he hath it and the same day is given to the afd Plft here also &.a Att which said next Court to witt the ninteenth day of November anno Dom one thousand Seven hundred and Twenty Eight Came again as well the afd John Brittingham as the afd William Whitesides by their attorneys aforesaid And whereupon the afd William by his said attorney prayed Leave to Imparle hereunto untill the next Court and he hath it and the same day is given to the afd Plft here also &a Att which said next Court to witt the Eighteenth day of march anno Dom one thousand Seven hundred and Twenty Eight Came againe as well the afd John Brittingham as the afd William Whitesides by their attorneys afd and whereupon the same John by his said attorneys prays that the afd William to his declaration afd may answer &.a Thereupon the attorney of the afd William says that he is not informed by the same William his Clyant of any Answer for the same William to the same John in the plea afd to be given and nothing Els thereof says by which the same John remains against the afd William thereof undefended Wherefore the afd John his damages by Occasion of the premisses against the afd Will.m Ought to recover whereupon as well the afd Plft as the afd deft by their attorneys afd prays (that according to an act of assembly in Such Case made and provided) that the Justices may Enquire what damages; the said John hath Sustained by Occasion of the Nonperformance of the promise and assumption afd Whereupon all and Singular the premisses by the Justices here being seen heard and fully understood and mature deliberation thereupon had it seemeth to the Justices here that the afd William did not assume upon himselfe in manner and form as the afd John above against him hath Complained &c Therefore it is Considered by the Court here that the afd John Brittingham Executor of the afd Samuel Brittinghham de.d take nothing by his writt and and declaration afd but be in mercy for his falce Clamour and that the afd William Whitesides go thereof without day &.c
thousand Seven hundred and twenty Seven at Somersett County within the Jurisdiction of this Court was Indebted unto the Said John in fif five hundred and Ninty One pounds of tobacco as by an account hereunto annexed and here in Court produced may appear and being so thereof Indebted the said Robert in consideration thereof the day and year aforesaid at the County afd upon himselfe did assume and to the said John then and there faithfully did promise that he the Said Robert the (said) |
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Volume 841, Page 172 View pdf image |
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