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Aug.t Court
1732 232 aforesaid and Whereupon the Said John Prayeth further Leave thereof to Imparle here untill the Next Court And he hath it and the Same Day is given to the aforesd William Here also &c Att which said Next Court to witt the twentyeth day of June Ann Dom one thousand Seven hundred and thirty two Came againe as well the aforesd Will.m Fasitt as the afd John Holland by there attorneys aforesd and Whereupon the Said John Prayeth further Leave thereof to Imparle here untill the Next Court and he hath it and the Same Day is given to the aforesd Will.m here allso &c Att which said Next Court to witt the fifteenth day of August Ann Dom one thousand Seven hundred and thirty two Came againe as well the aforesd Will.m Fasitt as the aforesd John Holland by there Attorneys aforesd and whereupon the Said John As before defends the force and Injury when &c and saith that of the premisses aforesaid above upon him Imposed is not Guilty in manner and Form as the Said William above against him hath Complained and of this he putts himselfe upon the County &c and the plft Likewise Thereupon Command was Given to the sher of Somerset County that Immediately he Cause to Come here twelve &c by whom &c who neither &c to recognize &c because as well &c and afterwards in the Same Court came the aforesaid sher and made return that he hath here ready twelve &c as by his Said preceipt he was Commanded and the Jurors of that Jury by the afd sher being Impannelled were Called and Came to witt Lewis Rigsby, Moses Duskey, John Tull Sen.r Thomas Hearn Isaac Marshall Joseph Waite John Oweten Benjamin Tull, William Smith, George Maglamory George Banston and Solomon Heatch who to say the truth in the premisses being duely elected tryed and Sworn upon their Oath did Say that the aforesaid John Holland is not Guilty of the premisses in manner and form as the aforesaid William Fasit above against him hath Complained whereupon the said William Fasit by his attorney afd present herein Court prays pr the Justices that according to act of assembly in such Case made and provided they would dissolve themselves into a Court of Chancery and Give Judgmt in the premisses according to equity and Offers to the Same Justices the following petition in the premisses aforesaid vizt To the Worshipfull Justices of Somerset County the petition of William Fasit Humbly sheweth that your petitioner Lately Commenced an action of trover against John Holland of the said County for two Steers for the value of two pounds each Steer which Steers your petitioner bought of a Certain Peirce of Dannt but were in the Custody of the Said John Holland that the Said Dannt being absent out of the province and the whole of your petitioners proofe thereby depending on the said Hollands own Testimony your petitioner Could not possibly at Common Law hinder a verdict being rendered against him in the ^sd^ Cause in favour of the Said Holland Your petr therefore being remediless at common Law your petitioner humbly prays that your worships will take ye Said Cause under Your Considerations as a Court of equity and he will pray &c whereupon |
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Somerset County Judicial Records, 1730-1733
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