Volume 841, Page 188b View pdf image |
June Court 1729
188 as alledged Therefore it is Considered by the Court that the afd Robert Truman Recover against the 268 afd James Breman seven pounds twelve Shillings and nine pence Curr.t money his damages afd as also all Costs and Charges by the said Plft laid out and Expended by way of attachment against the goods Chattells Rights or Creditts of the aforesaid James Breman according to act of assembly in Such Case made and provided &c
whereas the afd John Videll the fifteenth day of March anno Dom One thousand Seven hundred and twenty four at Somersett County within the Jurisdiction of this Court by his Certain Writing Obligatory Granted himselfe to be held and firmly bound unto the Same John Tunstall in the afd Sum of four hundred pounds Sterling mony of Great brittain to be paid the Same John Tunstall when afterward the Same John Videll should be thereto Requested yett the afd John Videll tho' often thereto required the afd Sum of four hundred pounds Sterling mony of Great Brittain to the Same John Tunstall hath not Rendered but the said John Videll the Same hitherto to do hath altogether denyed and Still doth deny and Unjustly detain whereby the Same John ^Tunstall^ says he is worse and hath damage to the value of Ninty five pounds ster and thereof he brings this Suite &c and the same John Tunstall brings here into Court the writing Obligatory afd which the debt afd in form afd doth testifie whose date is the Same day and Year afd Levin Gale P Que.r Pledgs &c Jno Doe R Roe Whereupon the afd John Videll being Called appears and thereupon the Said John Videll at the Prayer of the aforesaid John Tunstall by his attorney afd is adjudged to give Speciall Bail to the action afd but for want thereof the said John Videll is Committed into the Custody of the Sherr of Somersett County there to remain &.c the said Sherr to witt John Purnall Gent present herein Court took Charge of the said John Videll accordingly thereupon day is given unto the said John Videll in Custody as afd untill the next Court and the Same day is Given to the afd Plft here also &c Att which said next Court to witt the ninteenth day of November anno Dom One thousand seven hundred and twenty Eight Came againe the afd John Tunstall by his attorney afd and thereupon further day is given to the aforesaid John VIdell in Custody as afd untill the next Court and the same day is given to the afd Plft here also &c 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 Tunstall by his attorney afd as the afd Jno Videll in Custody as afd by francis Allen his attorney and the afd Jno Videll in Custody as afd by his said attorney Comes and defends the force and Injury when &.c And prays the hearing of the writing obligatory afd & it is read unto him &.a he also pray's the hearing of the Condition of the Same Writing & it is read unto him in these Words viz.t The Condition of ye above Obligation is Such that if ye above bound Jno Vidal him his heirs Ex.rs or assign's do Keep Indemnified ye above Jn.o Tunstall of an Action of a Certain Patrick Macknight of the Island of Bermuda which said Action is Carried on by his attry Capt Robert Gordon & now hath ye above Jno Videll under an Arrest for whose appearance ye above Jno Tunstall is Bound as also to answer ye Debt & all Charges that may Accrew thereon Provided ye Said Robert Gordon obtains Judgm.t against ye Said Videll Now if ye above bound Jno Videll do keep ye above Jno Tunstall Clear of all Dam.s Whatsoever relating to ye Said Action according to the true Intent & Meaning thereof then ye above Obligation to be Void Otherwise to remain in full force & Vertue in ye Law which being read & heard ye said Jno Videll Saith yt (the) |
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Volume 841, Page 188b View pdf image |
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