Volume 846, Page 200 View pdf image |
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August Court
1734
200 And the afs.d Neale saith that the plea afs.d of the afs.d Elizabeth in her Capacity afs.d in Manner & form afs.d above pleaded and the matter in the same contained are Insufficient in Law to preclude him the s.d Neale from having his action afs.d against her to which plea the said Neale hath no need nor by the Law of the Land is he held in any sort to answer And this he is ready to verifie wherefore for want of a Sufficient plea of the afs.d Elizabeth in that part the said Neale pray's Judgm.t and his Debt afs.d together with his damages by Occasion of the detaining of his said Debt to him to be adjudged And the afs.d Elizabeth for that she hath above alledged sufficient matter in Law the af.d Neale from having his action afs.d ag.t her to preclude which same matter the same Neale hath not gainsayed but that Verification to admit altogether hath refused as before pray's Judgment and that the afs.d Neale from having his action afs.d against her may be precluded &.c Butt because the Court here of their Judgment of and upon the premisses to render as Yett will advise day is given to the parties afd untill next Court to be held for Somerset County at dividing Creek the third tuesday of august next of hearing thereof their Judgment of and upon the premisses af for that the Court now here as yett &a Att which said next Court to witt the twentieth day of august anno Dom One thousand Seven hundred and thirty four before the Justices of his Lordships County Court of Somerset held at dividing Creek Came the parties afd by their attorneys afd and upon this being seen and by the Court now here diligently Inspected and all and Singular the premisses fully understood and mature deliberation thereupon had it seems to the Court now here that the plea afd by the afd Eliz.a in manner and form afd above pleaded and the matter in the Same Contained is not Sufficient in Law to the afd Neal of his action afd thereof against the afd Eliz.a to have and preclude Therefore it is Considered that the afd Neal MccClester Recover against the afd Eliz.a Nicholson admrx as afd his debt afd and his damages by occasion of the detaining of the same debt to six 675 hundred & seventy five pounds of tobacco to the Same Neal of his assent by the Court here adjudged of the goods and Chattells which were of the afd John at the time of his death in the hands of the same Eliz.a to be administred if so much in her hands she hath & if so much in her hands she hath not then the damages afd to be Levied of the proper goods and Chattells of the afd Eliz.a and the same Eliz.a in mercy &a
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Volume 846, Page 200 View pdf image |
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