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Somerset County Judicial Records, 1727-1730
Volume 841, Page 189   View pdf image
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        June Court             Ann.o         1729                 189

the Said Jn.o Tunstall his Action afd thereupon Against him the Said Jn.o Videll to have & Maintain
Ought Not because he Saith that after the Sealing & Making of the Writing Obligatory afd & before
the Impetration of ye Originall Writt of him ye Said Jno Tunstall against him ye said Jno Videll
he the Said Jn.o Videll hath well & truly fulfilled Pformed & Kept all & Singuler ye Covenants
Concessions paym.ts Articles & agreem.ts on ye part of him ye Said Jn.o Videll to be Pformed fulfulled
& Kept according to ye force forme & Effect of ye Condition of ye Same Writing Obligatory & this he is
ready to verifie  Whereupon he pay's Judgm.t if ye Said Jn.o Tunstall his Accon afd thereupon against
him the Said Jno Videll to have and Maintain Ought &a

                      And the afd Jno Tunstall say's that he by Anything prealedged from haveing &
    Maintaining his Action afd against ye afd Jno Videll Ought not to be precluded because
protesting that the said Jn.o Videll hath not fulfilled performed & kept all & singular ye
Covenants Conceptions paym.ts Articles & Agreem.ts on ye part of ye same Jno Videll to be performed
fulfilled & kept according to ye form & Effect of the Condition afd as the afd Jn.o Videll hath
above Alledgeds for plea he saith that ye Said Jn.o Videll did not appear to answer unto ye Action
afd of ye afd Jno Macknight as he according to ye Condition afd for ye Indemnifying ye said
Jn.o Tunstall ^ought^ & that he he the Said John Tunstall by Means of his being Bound for ye
appearance of the Said Videll as in ye Condition afd is Spef Specified & ye said Vidells not appearing
as he According to ye form of ye Said Condition for Indemnifying ye Said Jn.o Tunstall
Ought hath been Damnifyed paid & obliged to Expend for ye Exonerating & Discharging himselfe
in that part ye Sum of Eighty four pounds Sterling & three thousand pounds of tob.o
that is to say the tenth Day of November Ann.o Dom one thousand Seven Hundred & twenty
Seven at Somrsett County within ye Jur of this Court & this he is ready to verifie wherefore
the Said Jn.o Tunstall pray's Judgm.t & his Debt afd together with his Dam.s for Detaining his
Said Debt to be adjudged him &a            And the said Jn.o Videll as before saith yt he ye said
John hath well & truly fulfulled Prformed & Kept all & Singuler ye Covenants Concessions
paym.ts Articles & agreem.ts on ye part of him ye Said Jn.o Videll to be performed fulfilled & kept
according to ye force form & Effect of ye Condition of the Writing Obligatory afd as above in his
plea is sett forth & of this he putts himselfe upon the Country &a         and the plft in like manner

             Thereupon Command is given to the Sherr of Somersett County afd that Immdiately he Cause
to Come here twelve &.c by whom &.c who neither &.c to recognize &.c because as well &.c of which said
preceipt the said sherr to witt John Purnall Gent makes Return that he hath here ready twelve &c
as by his said preceipt he was Commanded and now hereafterwards ^at^ to witt the same Eighteenth day of
of March ann.o Dom one thousand seven hundred and twenty Eight Comes and makes Return that he
hath here ready twelve &.c as by his said Preceipt he was Command^ed^ afd as the afd John Videll by in Custody
as afd by his attorney afd and the Jurors of that Jury therein Impannelled being Called Likewise Came
to witt Thomas Humphrys, Samuel Taylor, William Simpson, James Thompson, Teague Riggin
Robert Collier, Peter frazer, William Handy John Harris, George Benston, Daniel Maddox, Thomas
Walker who being duely Elected tryed and Sworn to Say the truth in the premisses upon their oath
do say that the afd John Videll did not well and truely fullfill perform and Keep all and singular
the Covenants Conceptions Concessions, payments, articles and agreements as on the part of the said John
                                                                                                                         (Videll)


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Somerset County Judicial Records, 1727-1730
Volume 841, Page 189   View pdf image
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