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March Court
1733 135 untill next Court and he hath it and the same day is given to the afd James Breeman 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 again as well the afd James Breman as the afd James Dickerson by their attorneys afd and Whereupon the said James Dickerson as before defends the force and Injury when &a and says that he did not assume in manner and form as the said James Breman above against him hath Complained and of this he putts himselfe upon the Country &a Whereupon the said James Dickerson by his attorney afd prays the Court here that they would dissolve themselves into a Court of Chancery according to an act of assembly in Such Case made and provided and determine the premisses afd according to Equity which is to him Granted he filing his Bill for that purpose which Bill is as followeth vizt Somerset ss To the worshipfull the Justices of the County afd in a Court of Chancery Sitting Humbly Complaining Sheweth unto your worships your Orator James Dickerson that on or about the Year of Our Lord Seventeen hundred and Twenty Eight your Orator had Dealings with with a Certain James Breeman and paid the same James all or the Greatest part of what Your Orator Really Owed him that after that Time the said James Left this Country and Did not return before the Year Seventeen hundred and thirty one or thirty two and Your Orator further Shews that after the return of the said James the said James Came to Account with Your Orator (your Orator being at that Time Non Compos mentis) and Altho' your Orator Owed the said Breeman nothing at all or but Very Little on ballance of Account Yet So it is that the said James Breeman takeing Advantage of Your Orators Insanity of Mind Tendered to Your Orator a Note for three pounds One Shilling and Six pence to be paid in pork at Ten Shillings P Cent payable by your Orator to the said Breeman in some short Time after the Date of the said Note which your Orator being in the Condition afd of Unsound Mind believes he signed and Your Orator further shews that altho' the said Breman well knows that nothing or but Very Little of the said sum is Due yet so it is that Intending to Defraud and oppress your Orator he hath Brought Action at Law against your Orator on the said Note and Your Orator further sheweth that at Law he is without reliefe herein Intender Consideration whereof and for that your Orator by the Strict Rules of Law is without Remedy herein and to the End the said James Breeman may perfect Answer make all the premises as fully as if the same were hereby particularly Interrogated and that your Orator may be Relieved therein According to Equity and Good Conscience May it please your Worships to Grant to your Orator his Lordships Writt of Injunction to Comand the said James Breeman to Stay his proceedings on his said suit at Law against your Orator till (the |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 135 View pdf image |
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