Volume 846, Page 128 View pdf image |
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March Court
1733 128 the said Samuel McCall, John Blackburn and John Allen do at any time within a year and a day appear and make all or any part of the said John Dennis his Claim against them to be satisfied or otherwise to be undue before the Laying of the attachment afd that then he the said John Dennis shall make restitution unto the said Samuel McCall John Blackburn and John Allen of all or such part as shall be so made appear to be undue as afd or that he the said Joshua Merrill will do the same for him &a Therefore it is Considered by the Court here that the afd Sum of fifty shillings and six pence Current money and five hundred pounds of tobacco so as afd attached be Condemned in the hands of the afd James Martin as of the rights and Creditts of the said Samuel McCall John Blackburn and John Allen towards satisfying unto the said John Dennis Jun.r his damages afd and all Costs and Charges ^accrewing^ by means of the afd Suit and that ye afd John Dennis have thereof his execution &a
whereas on the twenty sixth day of December anno Dom seventeen hundred and twenty nine at Somerset County afd within the Jurisdiction of this Court a Certain Communication being had and moved between the said Charles and the afd Humphry Concerning an Orchard growing upon a plantation belonging to him the said Charles growing upon a plantation belonging to him the said Charles in somerset County afd called Cold Harbour the said Humphry then and there In consideration that the said Charles at the speciall Instance and request of the said Humphry would permitt and allow the said Humphry to receive and take to his Own use the One Moyety or halfe part of the fruit Growing in the said orchard from the afd twenty first day of december in the Year afd for and during the full term and time of ten years from thence next Ensuing fully to be Compleat and Ended upon himselfe did assume and to the said Charles then and there did faithfully promise that he the said Humphry would Yearly and every Year when requested thereunto gett Loggs and make up one Moiety or halfe part of the fence about the said Orchard and the same would keep in good repair during the time afd and would also at any time when by the said Charles he should be thereunto requested break up and digg one full moyety or halfe part of the Ground belonging to the said orchard and the said Charles in fact saith that Giving Creditt to the promise and assumption afd of the afd Humphry in manner and form afd made did Yearly and Every Year permitt and allow the said Humphry from the day afd untill the tenth day of December anno Dom One thousand seven hundred and thirty three to receive and take to his Own Use One Moiety or halfe part of the fruit of the orchard afd Nevertheless the afd Humphry his promise and assumption afd in form afd made nothing regarding but plotting and fraudulently Intending |
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Volume 846, Page 128 View pdf image |
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