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November Court
1733
109 And the afsd Patrick Connelly protesting that there is a Variance Between the Writing Obligatory afsd and the Originall Writt thereon Impetrated by means Whereof that Writt Ought to Abate protesting likewise that the replecation afsd and the Matter therein Contained are altogether Insufficient 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 Patrick to the replication of the same John Tunstall Assignee as afsd as to the first matter by the same Patrick above pleaded saith that the afsd John Tunstall assignee as afsd his action afsd against him to have and Maintain Ought not because he Saith that the said John Videll in the Writing Obligatory above Mentioned at the time of the Making the Writing Obligatory afsd at Somerset County afsd was Under the Custody of the said Hugh Porter as subsheriff of the same County by Virtue of his Lordships Writt of Capias ad Satisfaciendum prosecuted by a Certain William Beckingham one of the attorneys of the High Court of Chancery and of the provinciall Court within this province for the Sum of twelve hundred pounds of Tobacco and that the Writing Obligatory afsd During the Confinement of the said John Videll for that Cause was Entered into at the County afsd for the Ease and favour of the said John Videll without that that the Writing Obligatory aforesaid was passed made Entered into or Accepted by the said Hugh Porter to Indemnify and secure the said John Purnall or the said Hugh Porter from any damages which they or Either of them Might Sustain by Means of the process Issued Out of the High Court of Chancery as afsd and this he is ready to Verifye wherefore he Prays Judgment if the afsd John Tunstall assignee of the said Hugh Porter his Action afsd against him to have or Maintain ought &.a and the afsd Patrick as to the Second Matter above by him in pleading alledged for that he hath therein alledged Sufficient Matter in Law to preclude the said John Tunstall Assignee as afsd from having and Maintaining his Action afsd against him which he is ready to Verifye and which same Matter the same John Tunstall assignee as afsd hath not Gainsayed or to the same in any sort hath answered but that Averment ^to^ admit altogether hath refused as before prays Judgment and that the afsd John Tunstall assignee as afsd from having and Maintaining his Action afsd against him may be precluded &.a and the afd John Tunstall assignee of Hugh Porter protesting that the Rejoynder afd of the said Patrick and the Matter therein Contained are altogether Insufficient in Law and that he thereto hath no need nor by the Law of the Land is in any sort held to answer for and by way of surrejoynder Nevertheless to the rejoynder of the said Patrick to the replication of the said John assignee as afsd as to the first matter by the said Patrick above in barr pleaded the same John Tunstall assignee as afd sayth that he by any thing by the said Patrick above in pleaded Alledged from having and Maintaining his Action afsd against him the said Patrick Ought not to be precluded because he says that the writing obligatory afsd was passed made Entred into and Accepted by the said Hugh Porter to Indemnify and secure the said John Purnall and the said Hugh Porter from any Damage which they or Either of Them Might Sustain by means of the process Issued out of the high Court of Chancery as afsd as the same John assignee of the said Hugh above in ^his^ Replication afsd hath set forth and this he prays may be Enquired by the Country and the Defdte in Like Manner thereupon |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 109b View pdf image |
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