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Somerset County Judicial Records, 1730-1733
Volume 842, Page 234d   View pdf image
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Aug.t Court               1732                          234

Incumbrances Whatsoever unto the above Named Joseph Jones his heirs or assigns
in Consideration of twenty three pounds Current Money of this Province of
Maryland by him to be paid then this obligation to be Void and of None
Efect Wittness Whereof I have hereunto Set my hand and Seal this 11 day of
Feb.ry one thousand Seven hundred and 30/1  Which being read and heard the
Said William saith that he the Same Joseph his action aforesd against the
Said Shipham ought not ot have because he Saith that the aforesd Will.m
hath alienated and Confirmed the tract of Land in the Condition aforesd Menconed
to the aforesd Joseph Jones his heirs and assignes according to the forme and
Efect of the Condition afd and this he is ready to Verify Whereupon he prays
Judgment if the Said Joseph his Accon aforesd thereof against him ought
to have   And the Same William by leave of the Court and According to the
Statue &c further saith that the aforesd Joseph his action afd against the
Said William to have ought not because by protestation the Said Will.m
Saith that he hath Alienated and Confirmed the tract of Land in the Condition
aforesd Menconed to the aforesd Joseph Jones his heirs and assignes according
to the forme and Efect of the Condition aforesd for plea he Saith that the afd
Joseph hath not paid to the Said Will.m the sum of twenty three pounds
Current Money of this province of Maryland and this he is ready to Verifye
Whereupon he prays Judgment if the Said Joseph his Said Action against
the aforesd William to have ought
And the aforesd Joseph Saith that by any thing prealledged from having
and Maintaining his Action afd to precluded he ought not because he
Saith that the aforesd William hath not Alienated and Confirmed the
tract of Land in the Condition aforesd Mentioned to the afd Joseph Jones
his heirs and Assignes According to the forme and Efect of that Condition as
the afd Will.m above by Pleading hath Alledged and this he prays may
be Enquired by the Countray

And the aforesd Joseph as to the plea of the aforesd Will.m by the Leave
of the Court and According to the Statute pleaded Saith that that plea
and the matter in the Same Contained are altogether insufficient in Law
and that he thereto Hath no head or by the Law of the Land in any Sort is
held to answere and this he is ready to Verify Wherefore for want of a a sufficient
plea in that Case he prays Judgment and his Debt afd Together with
his Damage occasioned by the Detention of that debt to him to be adjudged
&c             the deft Joyn's Generally in demurrer &c

                   Whereupon all and Singular the premisses by the Court here seen heard and fully understood
and mature deliberation thereupon had wherefore it seemeth to the Same Court here that the plea aforesd
                                                                                                                                                       by


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Somerset County Judicial Records, 1730-1733
Volume 842, Page 234d   View pdf image
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