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Somerset County Judicial Records, 1727-1730
Volume 841, Page 57b   View pdf image
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                   Novem Court           1727                    57

LG  Henry Fitzwaters
                @
GD  Owen Owens
 Somersett fs    Owen Owens Late of Somersett County planter was attached to

answer unto Henry Fitzwaters of a plea of tres pass upon the Case &c
                   And whereupon the same Henry by Levin Gale his attorney Complaines that whereas
       the afd Owen the twenty Sixth day of Novem anno Dom One thousand seven hundred and
       twenty Six at Somrsett Co.ty within ye Jur of this Court was Indebted to ye Same Henry
       in ye Sum of Four Pounds Curr.t Mony by his Certain Note or Writing & soe thereof
       being Indebted ye said Owen in Consideration thereof afterwards to witt ye same
       Day & year afd at ye County afd & within ye afd Jur upon himselfe assumed & to
       the Same Henry then & there faithfully Promised yt when afterwards he should
       be thereto requested he ye afd Sum of Four pd.s Curr.t mony to ye same Henry wou'd
       well & faithfully Content & pay Nevertheless the said Owen his promise and
       assumption afd in form afd made Not regarding butt Plotting & fraudulently
       Intending him ye same  Henry in yt part Craftilly & Subtilly to Defraud and
       Deceive ye afd Four pounds Curr.t Mony or any part thereof to ye Same Henry
       was Requested but he the same hitherto to doe hath altogether refused &
       Still doth Refuse Whereby the Same Henry say's he is worse and hath Dam
       to ye value of Eight pd.s of Like mony & thereof he Brings this Suite &a
                                                            L Gale P Quer Pledges &.c  J Doe R Roe

           And the afd Owen Owens by George Dashiell his attorney comes and defends the force and
    Injury when &c  And prays Leave to Imparle thereunto untill the next Court and he hath it
    And the same day is given to the afd plft here also &c

          Att which said next court to witt the fifteenth day of august anno Dom One thousand
    Seven hundred and twenty Seven came againe as well the afd Henry as the afd Owen by
    their attorneys afd and whereupon the afd said Owen by his said attorney prays further
    Leave thereof to Imparle hereunto untill the next Court and he hath it and the same
    day is given to the afd Plft here also &c

          Att which said next Court to witt the twenty first day of November Anno Dom One thousand
    seven hundred and twenty seven Came againe as well the afd Henry as the afd
    Owen by their attorneys afd and whereupon the same attorney of the same Owen as before
    defends the force and Injury when &.c and saith that he Cannot gainsay the action afd
    of the afd Henry nor can he say but that the afd Owen did assume upon himselfe in Manner
    and form as the afd Henry ^above against him^ hath declared nor but that the said Owen Owes the afd Henry the
    afd four pounds Curr.t mony and the declaration in all the words before Expressly Confesseth &.c
   
                   Therefore it is Considered by the Justices here the same day and Year Last Mentioned
    that the afd Henry Fitzwaters recover against the af^d^ Owen Owens four pounds Curr.t mony
    his damages afd in form afd Confessed as also two hundred and Eighty four
    pounds of tob.o for his costs & Charges by him about his suit in yt part expended to ye same Henry by ye Court hereof his
    assent adjudged with stay of ex.n till ye tenth of Novem Next & ye afd Deft in Mercy &c


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Somerset County Judicial Records, 1727-1730
Volume 841, Page 57b   View pdf image
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