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Aug.t Court
1732
235 thereupon he prays remedy and brings into Court here the Writing aforesd w.ch the Debt aforesd in forme afd doth Wittness Whose date is the day and Year aforesd &c Pledges Jno Doe R Roe And the aforesd James Shirley by Levin Gale his Attorney Cometh and Defendeth the force and Injury when &c And prays Leave thereof to Imparle here untill the Next Court and he hath it and the Same day is given to the afd John Stewart 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 afd John as the afd James by there Attorneys aforesd and thereupon the Said James prays further Leave thereof to Imparle here untill Next Court And he hath it and the Same day is given to the afd John here also &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 John as the aforesd James by there Attorneys aforesd And thereupon the Said James Says that the Justices of the Lord proprietary hereto proceed in the Cause afd between him the said John Stewart and the Said Jam.s Shirley ought not Because he Saith that after the twenty first day of March Last past from which said Day the Cause aforesd between the Parties afd was Continued and before this Day (to witt) the twenty Day of June in the Year of our Lord Seventeen hundred and thirty two (to witt) the first day of June in the Year of Last Mentioned at Somerset County did pay and Satisfied unto the aforesd John Stewart fifteen hundred pounds of Tobacco which at and after the rate of twelve Shillings and Six pence p.r hundred was Mentoned in the Condition in the Condition of the bond amounts to the Sum of Nine pounds Seven Shillings and Six pence percell of the twenty pounds in the Condition Mentioned And this he is Ready to Verify Wherefore he prays Judgment and that the Justices hereof and Upon the premisses to proceed further will Not Whereupon the said James Shirly Relinquisheth his Verification aforesaid by him above pretended and Says that he Cannot Gainsay the action aforesaid of the aforesaid John Stewart nor Can he Say but that the writing Obligatory aforesaid is the deed of him the Same James nor but that he Owes the Same John the aforesaid forty pounds Currant money of this province in manner and form as the aforesaid John above against him hath declared &c Therefore it is Considered that the aforesaid John Stewart Recover against the aforesaid James Shirley his debt aforesaid and his damages by Occasion of the detaining of the Same debt to three hundred & thirty pounds of tobacco to the Same John of his assent by the Court here adjudged and the aforesaid deft in Mercy &c |
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Somerset County Judicial Records, 1730-1733
| Volume 842, Page 235b View pdf image |
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