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Somerset County Judicial Records, 1730-1733
Volume 842, Page 142b   View pdf image
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    November Court                1731             142

LG:  The Same
             @
    Henry Fitzwaters
 Somerset ss    Henry Fitzwaters late of Somerset County planter was attached to

answer unto Betty Gale of a plea of trespass upon the Case &c 
                                           And whereupon the same Betty by Levin Gale her Attorney
Complains that Whereas the aforesd Henry the first day of Aug.t ann Dom one
thousand Seven hundred and thirty at Somerset County within the Jur of
of this Court was Indebted unto the Same Betty in the Sum of Six pounds
Eleven Shillings and two pence Currant Money of Maryland and so thereof
being Indebted the Said Henry in Consideration thereof afterwards to witt the
Same day and year aforesd at the County afd and within the ^afd^ Jurisdiction upon
himselfe assumed and to the Said Betty then and there faithfully did Promise
that when afterwards he Should be thereto Requested he the aforesd Sum of
Six pounds Eleven Shillings and two pence to the Same Betty would well
and faithfully Content and pay Nevertheless the Said Henry his Promise
and assumption aforesd in form aforesd made Little regarding but Plotting
and fraudulently Intending that the Same Betty in that part Craftilly and
Subtilly to Defraud and Deceive he the Said Henry the aforesd Sum of Six
pounds Eleven Shillings and two pence nor any part thereof to the same
Betty hath paid or him for it in anywise Contented altho the Said Henry
afterwards to witt the ^afd^ Jurisdiction was thereto Requested by the Same Betty
and within the ^afd^ Jurisdiction was thereto Requested by the Same Betty
But the Said Henry the Same to do hath altogether Refused and
Still doth refuse whereby the Same Betty Says she is worse and hath
Damage to the Value of thirteen pounds and thereof she brings this
Suit &c                                   L Gale P Qur pledges &c   Jn Doe  R Roe

    And the said Henry Fitzwaters by Francis Allen his attorney Comes and defends the force and Injury when &c
and prayed Leave thereof to Imparle here untill the next Court and he had it and the Same day is Given to
the aforesaid Betty here also &c

                   Att which said Next Court to witt the Sixteenth day of November Anno Dom One thousand Seven
hundred and thirty One Came again as well the afd Betty as the aforesaid Henry by their attorneys aforesaid
And whereupon the aforesaid Henry says that he Cannot Gainsay the action aforesaid of the aforesaid Betty
nor but that he assumed upon himselfe in manner and form as the afd Betty above against him has Complained
and as to the damage of the Same Betty by her by Occasion of the premisses in that part Sustained the
Same Henry Saith and Confesseth that the aforesd Betty has Sustained damages
by Occation of the premises b^eyond her Costs and Charges by her about her Suit in
that part apposed to Six pounds Eleven Shillings and two pence and not more
and because the aforesd Betty ^denys^ not this but the Same allegation Confesseth to
be true pays Judgment and those Damages above Confessed together with her
Costs and Charges aforesd to her adjudged &c

Therefore by Cosent of the parties aforesd it is Considered that the aforesd Betty
Gale Recover against the afd Henry Fitzwaters her damages afd to six pounds eleven Shillings & two pence
Currant money of Maryland by the same Henry in form aforesaid Confessed as also two hundred & fifteen
                                                                                                                                                    pounds


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Somerset County Judicial Records, 1730-1733
Volume 842, Page 142b   View pdf image
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