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Somerset County Judicial Records, 1730-1733
Volume 842, Page 15b   View pdf image
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    August Court        1730                     15

FA:  William Smith
                agt
LG:  John Floyd & Henry Fisher
 Somerset County ss:    John Floyd and Henry Fisher late of Somerset County planters
were attached to answer unto William Smith of a plea wherefore with force and armes &c
the Chose of him the said William at Manokin hundred in Somerset parish in Somerset County
aforesaid they did break and Enter and thirty Oak timber trees of the value of three pounds
                                     fifteen Shillings Lawfull money of America there Lately Growing did Cutt down take and Carry away and
                                     Other harmes to him did to the great damage of the said William and against the peace of the right
                                     honrble the Lord Proprietary of this province that now is his good rule and government &c

                      And whereupon the said William by Francis Allen his attorney Complains that the said John Floyd and Henry
fisher the fifteenth day of February Ann.o Dom One thousand Seven hundred twenty Nine at Manocan hundred in Somerset
parish in somerset County aforesaid the Chose of him the said William they did break and Enter and thirty Oak timber trees of the
value of three pounds Fifteen Shillings lawfull money of American there Lately growing did cut down and Carry away and Other
harms to him did to the great damage of the Said William and against the peace of the right honrble the Lord Proprietary of
this province that Now is his good rule and Government &.c whereupon he sayth he is worse and hath damage to the value of
Seven pounds tenn Shillings Currant money of Maryland and thereupon he brings Suit &c  F Allen P Quer Pledgs Jno Do R Roe

          And the afd John Floyd and Henry Fisher by Levin Gale his attorney Comes and defend the force and Injury when &.c and
pray Leave thereof to Imparle untill the next Court and they have it and the same day is Given to the afd plft here also &.c

          Att which said next Court to witt the seventeenth day of March anno Dom One thousand seven hundred and Twenty Nine
Came again as well the aforesaid William Smith as the afd John Floyd and Henry Fisher by their attorneys aforesaid and hereupon
the said John and Henry whereof pray further leave thereof to Imparle here untill the next Court and they have it and the same
day is given to the afd plantife here also &c

    Att which said next Court to witt the sixteenth day of June anno Dom One thousand seven hundred and thirty Came again as well
the aforesaid William Smith as the aforesaid John Floyd and Henry Fisher by their attorneys afd and the same John and Henry pray
further Leave thereof to Imparle here untill the next Court and they have it and the Same day is given to the aforesaid plft here
also &.c
                               Att which said next Court to witt the Eighteenth day of august anno Dom One thousand seven hundred and
thirty Came againe as well the afd William Smith as the aforesaid John Floyd and Henry Fisher by their attorneys afd and the
said John and Henry as before defend the force and Injury when &.c and say that they are in noe wise Guilty of ^ye^ trespass above upon
them Imposed in manner and form as the plft above against them hath Complained and of this they putt themselves upon the
Country &.c and the plft in like manner &c

                            Thereupon Command is Given top the sher of somersett County that Immediately he Cause to Come here twelve &.c
by whom &.c who neither &.c to Recognize &.c of which said preceipt the said Sher to witt John Purnall Gent.m now hereat this day to witt the
same day and year Last mentioned Comes and makes Return that he hath here ready twelve &.c as by his said preceipt he was Commanded
and now hereafterwards to witt the Same day and year Last Mentioned Came as well the afd Plft as the afd defts by their attorney afd
and the Jurors of that Jury therein Impannelled being Called Likewise Came to witt William Handy, John Townsend Jun.r Wm Ennis
John Marcy, Robert Mitchell, William Colebourn, Thomas Hearn, Walter Darby, John Gray Jun.r George Benston, William Mills
and Araham Smith who being duely Elected tryed and sworn to say the truth in the premisses upon their Oath do say that the
afd John Floyd and Henry Fisher nor neither of them are Guilty of the trespass as the afd William Smith above against
them have Complained &.c         Therefore it is Considered that the afd William Smith take nothing by his writt & Declaration afd but
be in mercy for his falce Clamour and that the afd deft goe thereof without day and further it is Considered that the afd John Floyd
664   and Henry Fisher Recover against the afd William Smith Six hundred and Sixty Four                                 pounds of tob.o
for their Costs and Charges by them about by them about their suit in that part apposed Expended to the same Jno and Henry by the
Court here according to the form of the statute Lately made and provided adjudged and that ye afd Jno & Henry Have thereof
Execution &c


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Somerset County Judicial Records, 1730-1733
Volume 842, Page 15b   View pdf image
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