Volume 842, Page 203 View pdf image |
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June Court 1732
203 to Give special Bail to the action aforesaid thereupon a Certain Thomas Hearn of Somerset County planter present herein Court undertakes for the Said William Hearn that in Case the Said Thomas Layfeild shall Recover Judgm.t in the plea aforesaid against the Said William Hearn or that the Said William Hearn shall be therein Convict that then he the Said William Hearn shall pay the Condemnation of the Court thereupon or render his body to the Custody of the sher of Somerset County in Satisfaction thereof or that he the said Thomas Hearn shall do the Same for him &c Afterwards Came the Said William Hearn in his proper person and Defends the force and Injury when &c and Says that he Cannot Gainsay the action aforesaid of the aforesaid Thomas Layfeild nor Can he Say but that the writing Obligatory aforesaid is his deed nor but that he Owes the Same Thomas Layfeild the aforesd two thousand Eight hundred and Seventy and two pounds of tobacco in manner and form as the aforesaid Thomas Layfeild above against him declared &c Therefore it is Considered that the aforesaid Thomas Layfeild Recover against the aforesaid William Hearn his debt aforesaid and his damages by Occasion of the detaining of the Same debt to 321 three hundred & Twenty One p pounds of tobacco to the Same Thomas Layfeild of his assent by the Court here adjudged and the aforesaid William in Mercy &c
of Tobacco which to him he owes and Unjustly Detains &c And Whereupon the Said Thomas by Francis Allen his attorney saith that whereas the Said William the first day of Novemb.r Seventeen hundred and twenty Seven at the County of Somerset aforesd within the Jurisdiction of this Court by his Certain Writing Obligatory w.ch to the Said Thomas with the Seal of the Said Will.m Signed here into Court brings the date whereof is the Same day and Year did acknowledge himself to be bound unto the said Thomas in the afd five thousand seven hundred and forty four pounds of Tobacco to be paid unto the Said Thomas when he should be thereunto required yett the Said Will.m tho' often required the said five thousand seven hundred and forty four pounds of Tobacco to the Said Thomas hath not rendred but the same to him hitherto to render hath Denyed and Still doth Deny and Unjustly Detaine to the Damage of the said Thomas of four thousand pounds of tobacco and thereupon he brings Suit &c Whereupon the Said William Hearn at the prayer of the afd Thoams Layfield is adjudged to give Special Bail to the Action aforesd thereupon a Certain Thomas |
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Volume 842, Page 203 View pdf image |
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