Volume 842, Page 100b View pdf image |
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June Court
1731
100 since the Deceas of the said Archibald in that Pte Craftilly and Subtilly to Deceive and Defraud the said twenty pounds five Shillings and Nine pence to the said Archibald in his Life time or to the said James Since the Decease of the said Arch.d altho the Same to do the said Joseph by the said Archibald in his Life time to will on the first day of May Seventeen hundred and twenty seven and often afterwards and by the said James on first day of May Seventeen hundred and thirty one and often afterwards at Somerset County aforesaid within the Jur afd he was thereunto Requested hath not paid or Contented but the same to pay or Content hath Refused and the said Joseph the same to the said James to pay Still Doth Refuse and Deny to the Damage of the said James of forty pounds money aforesaid And thereupon he bring Suite &.c And bring into Court here his Lettrs Testamentary afd of the afd Archibald by w.ch &c F Allen P Qrte Pledg 8 de pg John Doe R Roe 1725/6 D.r Joseph MccClester D.r to the Estate of Archd Smith
and Saith that he Cannot Gainsay the action aforesaid of the afd James nor Can he Say that that the Said Joseph did assume upon himselfe in Manner and forme as the afd James above against him hath Complained and as to the damage of the same James by him by occasion of the premises in that part Sustained the Same Joseph says and Co^n^fesseth that the afd James hath Sustained Damages by Occasion of the prem premises further then his costs and Charges by him about his Suit in that that part aposed to twenty two pounds five Shillings and Nine pence Currant Money of Maryland and not more and Because the aforesaid James Denys not this but the same Allegation Confesseth to be true prays Jugment and those Damages above Confessed together with his Cost and Charges afd to him adjudged &.c Therefore by consent of the parties afd it is Considered that the afd James Smith ^Exr as aforesaid^ recover against the afd Joseph MccClester his Damages afd to twenty two pounds five Shillings and Nine pence Currant Money by the Same Joseph in forme afd Confessed as also three hundred and Sixteen 316 pounds of Tobacco for his Costs and Charges afd to the same James at his Requested by the Court there and Consent of ^the^ parties afd ajudged w.ch Damages in the whole do amount ^to^ twenty Two pounds five Shilling and Nine pence and pounds of Tobacco and the afd Deft in Mercy &c
which he had Sustained by Occasion of a Certain trespass upon the Case by the Said James Edwards against the afd James Lindow in ye County afd brought and that he the Same money and tobacco ^have^ before the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third tuesday of June then next to rend the aforesaid James Edwards of |
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Volume 842, Page 100b View pdf image |
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