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November Court 1733
106 and twenty nine at Somerset County afd and before the making of the writing Obligatory aforesaid the afd John Videl was in ^the^ Custody of the said Sheriff by force and Virtue of a Writt of the Right Honourable the Lord Proprietary of this Province Issued out of the high Court of Chancery of this Province by which writ the said Lord Proprietary did Command the said Sheriff to take the aforesaid John Videll if he should be found within this Bailywick and him safe keep till he the said John Videll should Give good and Sufficient security that he the said John Tunstall and the aforesaid John Videll being so as aforesaid in the Custody of the said sheriff the aforesaid Hugh did accept of and take the afd writing obligatory to Indemnify and Secure the said Sheriff from all damages which the said Sheriff might sustain by reason of the premises without this that the writing obligatory aforesaid was made for the Ease and favour of the said John Videll and no Other Cause whatsoever as the Said Thomas in his plea aforesaid hath alledged and this he is ready to verify whereupon the aforesaid John Tunstall assignee dammages by reason of detaining that Debt to him may be adjudged and as to the Second matter by the aforesaid Thomas Fletcher above in barr pleaded the aforesaid John Tunstall assignee of the said Hugh Porter Says that the plea aforesaid of the said Thomas Fletcher in that part in manner and form aforesaid pleaded and the matter therein Contained are not Sufficient in Law to preclude the said John Tunstall assignee of the Said Hugh Porter from having and Maintaining his Action aforesaid against him the said Thomas Fletcher and that he the said John Tunstall assignee as aforesaid of the said Hugh to the plea aforesaid of the said Thomas in that part as above pleaded hath no need nor by the Law of the Land is he held to answer and this he is ready to verifie whereupon for want of a Sufficient plea in that part the said John Tunstall assignee as aforesaid of the said Hugh prays Judgment and his Debt aforesaid together with his Damages by reason of Detaining that Debt to him to be adjudged And the afd Thomas Fletcher protesting that there is a Variance between the writing obligatory afd and the Original Writt thereon impetrated by Means Whereof that Writt ought to abate protesting likewise that the replication afd and the Matter therein Contained are altogether in Sufficient in Law and that he thereto hath no need or by the Law of the Land is in any Sort held to answer for Rejoynder Nevertheless the Same Thomas to the replication of the Same John Tunstall assignee as afd as to the first matter by the Same Thomas above pleaded saith that the afd John Tunstall asignee as afd his Action afd against him to have and Maintain Ought not because he saith that the said John Videl in the writing obligatory above Mentioned at the time of the Makeing the Writeing Obligatory afd at Somerset County afd was under the Custody of the said Hugh Porter as Subsheriff of the same County by Vertue of his Lordships Writt of Capias ad satisfaciendum prosecuted by a Certain William Beckingham (one |
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Somerset County Judicial Records, 1733-1735
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