Volume 841, Page 3 View pdf image |
June Court
1727 3 The Same Benj.a was requested but he ye Same hitherto to doe hath altogether refused & Still doth refuse Whereby ye same Benj.a sayes he is worse & hath Dam to ye value of two thousand pounds Tob.o And thereof he brings this Suite &a Levin Gale P Quer pledges &.a Jn.o Doe Richd Roe And the afd Michael Holland at the prayer of the Plfts attorney afd is adjudged to give Speciall bail to the action afd thereupon a Certain Hutton Hill of Somersett County planter present here in Court undertakes for the said Michael Holland that if in case the afd Benjamin Wailes shall Recover Judgm.t against the afd Michael Holland in the plea afd or that the said Michael Holland shall be therein Convict that then he the said Michael Holland shall pay the Condemnation of the Court thereupon or Render his Body to the Custody of the sherr of Somersett County in Satisfaction thereof or that he the said Hutton Hill will do it for him &c And the said Michael Holland by George Dashiel his attorney Comes and defends the force and Injury when &c and saith that he Cannot gainsay the plantiffe his action afd neither Can he say but that the afd Michael Holland did assume upon himselfe in manner and form as the afd plft above against him declared nor but that the Same plft Ought to recover his damages by Occasion of the premisses afd to twelve hundred and Ninety pounds of tobacco and the declaration in all the words before Expressly Confesseth &c Therefore it is Considered by the Court here the twentyeth day of June anno Dom one thousand seven hundred and twenty seven that the afd Benjamin Wailes Recover against the afd Michael Holland twelve hundred and Ninety pounds of tobo his damages afd above in the declaration specified 291 as also Two hundred and Ninety One pounds of tobacco for his Costs and Charges by him about his suite in that part Expended to the same Benj.a by the Court here of his assent adjudged and the same defend.t in mercy &c
from him he unjustly detaines &a And whereupon the same Francis by Levin Gale his attorney saith that whereas the afd Peter the Ninth Day of January Anno Dom one thousand Seven hundred & twenty Seven at Somrsett County within the Jur of this Court by his Certain Wrighting obligatory Granted himselfe to be held & firmly bound unto the Same Francis in ye full & Just Sum of Eight thousand pd.s of Tob.o good sound Merchantable Leafe Tob.o in Caske to be paid ye same Francis when afterwards ye s.d Peter Shoud be thereto requested yet the afd Peter though often thereto requested ye afd eight thousand pounds of Tob.o to ye Same Francis hath not rendered but ye s.d Peter ye same hitherto to Doe hath altogether Denyed & Still doth Deny & Unjustly Detain whereby the Same Francis Surges he is worse & hath Dam to ye Value of Sixteen (thousand) |
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Volume 841, Page 3 View pdf image |
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