Volume 842, Page 203b View pdf image |
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June Court
1732 203 Thomas Hearn of Somerset County Planter present here in Court undertakes for the Said W.m Hearn that in Case the Said Thomas Layfield Shall Recover Judgment in the Plea aforesd against the Said W.m Hearne or that the Said W.m Hearn shall be therein Convict that then he the Said William Hearn shall pay the Condem^na^tion of the Court thereupon or render his body to the Custody of Sher of Somerset County in Satisfaction thereof or that he the Said Thomas Hearn Shall do the Same for him &c afterwards Came the Same Will.m Hearn in his proper person and Defends the force and Injury when &c and Says that he Cannot gainsay the action afd of the aforesd Thomas Layfield nor Can he say but that the writing obligatory aforesd is his deed nor but that he owes the Same Thomas Layfield the aforesd five thousand Seven hundred and forty four pounds of Tobacco in manner and forme as the afd Thomas Layfield above against him Declared &c Therefore it is Consid^e^red that the aforesd Thomas Layfield Recover against the aforesd W.m Hearn his Debt aforesd and his Damages by occasion 321 of the Detaining of the Same Debt to three hundred & Twenty one pounds of tobacco to the same Thomas Layfield of his assent by the Court here adjudged and the aforesd W.m in Mercy &c
a Certain John Donelson late of Somerset County Gent Lately in Our Court (to witt) the Seventeenth day of march anno Domini one thousand Seven hundred and ^Twenty^ thirty Nine before William Planner Gent.m and his associates then Justices of our said Court at Dividing Creek did then and there under take for one Philip Russell that if in Case he Should be nonsuited in a Certain action in a plea of trespass upon the Case &c before our said Justices in our said Court then and there depending between the Said Philip Russell and a Certain James Shirley or otherwise Legally Cost that then he the Said Philip Russell should pay the Condemnation of the Court thereupon and all Costs accrewing thereon to the Said James Shirley or that he the Said John Donelson would do it for him as by the record and process thereof remaining in our said Court before our said Justices at Dividing Creek manifestly appeareth and afterwards it was Considered by our Justices of our same Court that the afd Philip russell Should take nothing by his writt and Declaration in the plea afd but that he Should be thereof in Mercy for his falce Clamour and that the Said James Shirley Should go thereof without Day and Also it was Considred |
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Volume 842, Page 203b View pdf image |
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