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August Court
1734 192 Nevertheless the afd William Gray his promise and assumption afd in no sort regarding but plotting and fraudulently intending the same Thomas in this part craftily and subtily to deceive and defraud the afd one thousand pounds of Tobacco or any pound thereof altho' often thereunto (particularly on the first day of december in the year afd at the County afd by the same Thomas requested) hath not satisfied or paid but the same to him to satisfie or pay altogether hitherto hath refused and still doth refuse to the damage of the same Thomas two thousand pounds of Tobacco and thereof he brings suit &a pledges &a John & R: Roe A Copy of the foegoing declaration was made and sent to be served on the defend.t with the writt in the plea afd according to act of assembly in Such Case made and provided Att which said third tuesday of August to witt the twentyeth day of the same month anno Dom One thousand Seven hundred and thirty four being the day of the return of the same writt Came the Said Thomas Nevett by his attorney afd and the sherriff of Somerset County to whom the foregoing writt was directed Likewise Came and made return thereof to the Court here in these words Endorsed Cepi Corpus decln in time delivd p Jos MccClester sher Whereupon the said William Gray present here in Court in his proper person is adjudged to give Speciall Bail to the action afd there upon a Certain Thomas Hearn and W.m Porter of Somerset County planters came herein Court in thir proper persons and undertook and Each of them did undertake and assumed upon themselves for the said William Gray (likewise the said Wm Gray present as afd assumed upon himselfe) that if in case the said Thomas Nevett should recover Judgment against ^him^ the said Wm Gray in the plea afd of that ^he^ the said Will Gray should be therein Convict that then he the Said William Gray should pay the Condemnation of the Court thereupon or render his body in Execution of such Judgm.t to the prison of the sherriff of Somerset County in Satisfaction thereof or that they the same Thos Hearn and Wm Porter will do the Same for him &a Whereupon the said William Gray in his own properson person Comes and defends the force and Injury when &a and saith that he Cannot gainsay the action afd of the afd Thomas Nevett nor can he say but that he did assume upon himself in manner and form as the af.d Thomas Nevett above against him hath Complained and as to the damage of the same Thomas by him by Occasion of the premisses in that part sustained the same William saith and Confesseth that the afd Thomas hath sustained damages by Occasion of the premisses further than his Costs and Charges by him about his suit in that part apposed to One thousand pounds of Tobacco and not more and because the af.d Thomas deny's not this but the same allegation Confesseth to be true prays Judgm.t for those damages above Confessed together with his Costs and Charges afd to him to be Adjudged &a Therefore by Consent of the parties afd it is Considered that the afd Thomas Nevett recover ag.t the afd William Gray his damages afd to the afd one thousand pounds of tobacco in form afd Confesseth as also three hundred & one pounds of Tobacco for his Costs and Charges afd to the same Thomas by the Court here and Consent of the parties afd adjudged and the afd William in Mercy &a with Stay Exn till the tenth nov.r Next |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 192b View pdf image |
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