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Somerset County Judicial Records, 1733-1735
Volume 846, Page 134   View pdf image
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    March Court     1733            134

when &a and prays leave to Imparle hereuntill next Court and he hath it and the same day
is given to the afd Thomas Kellsick here also &a

             Att which said next Court to witt the twentyeth day of November Anno Dom One thousand
seven hundred and thirty and three Came againe as well the afd Saul Townsend as
the afd Thomas Kelsick by their attorneys afd and whereupon the said Thomas as prays further
Leave thereof to Imparle hereuntill the next Court and he hath it and the same day is given to
the afd Saul here also &a
                                           Att which said next Court to witt the Ninteenth day of March anno
Dom One thousand Seven hundred and thirty three Came againe as well the afd Saul Townsend
as the afd Thomas Kelsick by their attorneys afd  And whereupon the said Thomas as before
defends the force and Injury when &a  and says that the declaration afd and the Matter therein
Contained are not Sufficient in Law to maintain the action afd of the said Saul against
him the said Thomas and that he the said Thomas to that declaration hath no need nor by the
Law of the Land is held to answer and this he is ready to verifie whereupon for want of
a Sufficient declaration the said Thomas prays Judgm.t and that the afd Saul from having his
action afd may be precluded &a                   And the afd Saul for that he hath above alledged
Sufficient matter in Law in his declaration afd his action afd to maintain which he is ready
to verifie which same matter the said Thomas doth not gainsay or to the Same in any Sort hath
answered but that averment to admitt altogether hath refused prays Judgmt and his damages by
Occasion of the premisses to him to be adjudged &a

       Whereupon all and Singular the premisses being seen and by the Court here fully understood
and mature deliberation thereupon had for that it seemeth to the Court here that the declaration
afd and the Matter in the Same Contained are Insufficient in the Law to the action of the afd
Saul against the afd Thomas to have and maintain &a

       Therefore it is Considered that the afd Saul Townsend take nothing by his Narration
afd but be in mercy for his false Clamour and that the afd Thomas Kellsick go thereof without
day &a and further it is Considered that the afd Thomas Kellsick recover against the afd Saul
299   Townsend Two hundred & Ninty Nine                   pounds of tobacco for his Costs and
Charges by him about his defence in that part Sustained to the Same Thomas here according to the
form of the Statute in Such Case Lately made and provided adjuged and that the same deft have
thereof Execution &a


FA  James Breeman
                  @
GD  James Dickerson
 Somerset County ss  James Dickerson Late of Somerset County planter
was Attached to Answer unto James Breeman of a plea of Trespass
Upon the case &a
And whereupon the said James Breman by Francis Allen his
                                                                                                                               (attorney


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Somerset County Judicial Records, 1733-1735
Volume 846, Page 134   View pdf image
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