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August Court
1729
207 Next Court and she hath it and the same day is given to the afd Plft here also Att which said Next Court to witt the seventeenth day of the June anno Dom one thousand seven Hundred and twenty Nine Came again as well the afd Thomas Walker as the afd Catherine Dyall by their attorneys afd and the said Thomas Walker by his said attorney prays that the afd Catherine Dyall to his declaration afd may answer and the afd Catherine Dyall altho' at the same day Solemnly Called Cometh not nor nothing says in bar or Preclusion of the action afd of the afd Thomas Walker by which the Same Thomas Remaineth against the afd Catherine thereof undefended Wherefore the afd Thomas Walker his damages against the afd Catherine Dyall by occasion of the Non performance of the promise and assumption afd ought to recover but because it is not known to his Lordships Justices here what damage the same Thomas in that part ^has^ sustained Therefore Command is to the Sherr of Somersett County that by the oath of honest and Lawfull men of his bayliwick or County he diligently Enquire what damage the same Thomas has sustained as well by occasion of the non performance of the promise and assumption afd as for his Costs and Charges by him about his Suit in that part apposed and the Inquisition which thereof he takes to his Lordship's Justices at dividing Creek in Somersett County afd ^the third tuesday of august Next^ under his Seal and the Seals of them by whose death he makes the same Inquisition he send together with his said Lordships writt to him thereof directed and the same day is Given to the afd Catherine Dyall ^there^ also &.c Att which third tuesday of August to witt the Ninteenth day of the same month anno Dom one thousand seven hundred and twenty nine before his said Lordship's Justices at dividing Creek in the County afd Cometh the afd Thomas Walker by his attorney afd and the Sher of Somersett County viz.t John Purnall Gent.m Returned a Certain Inquisition before that at Wickacomoco in ye County afd on the fifteenth day of august and Year afd by the Oath of honest and Lawfull men of his bailywick taken by which it appears that the afd Thomas Walker has Sustained damage by occasion of the Non performance of the promise and assumption afd beyound his Costs and Charges by him about his Suit in that part apposed to five hundred pence and for those Costs and Charges to one pound of tobacco Therefore it is Considered that the afd Thomas Walker Recover against the afd Catherine Dyall five hundred pence and one pound of tobo his damages afd ^as^ by the Inquisition afd above appears 401 as also Eleven hundred & One pounds of tobacco for his Costs and Charges by him about his suit in that part apposed to the Same Thomas by the Court here at his request of Increase adjudged which Certain damages in the whole do amount to five hundred pence and Eleven hundred & Two pounds of tobacco and the afd Catherine Dyall in Mercy &c
Levin Gale his attorney Complains that Whereas the afd Abraham the tenth day of July anno Dom one thousand Seven hundred and twenty Eight at Somersett County within the Jurisdiction of this Court was Indebted unto the Same Joseph in the Sum of One thousand pounds of tobacco for the Like Sum to sundry persons before that time for his use and at his request by the same |
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Somerset County Judicial Records, 1727-1730
| Volume 841, Page 207 View pdf image |
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