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August Court
1734
210 And the afd Patrick Burk by Francis Allen his attorney Comes and defends the force and Injury when &.a and the same attorney says that he is not Informed by the same Patrick his Clyant of any answer for the same Patrick to the afd James in the plea afd to be given and nothing Els thereof says by which the same James remaineth against the afd Patrick thereof undefended wherefore the Same James his damages by Occasion of the non performance of the promise and assumption afd against the afd Patrick ought to recover but because it is not known what damages the afd James ^has^ susustained by occasion of the non performance of the promise and assumption afd It is Commanded the sherriff that by the Oath of honest and lawfull men of his bailiwick he diligently Inquire what damages the same James ^has^ sustained as well by occasion of the non performance of the promise and assumption afd as for his Costs and Charges by him about his suit in that part apposed and the Inquisition which &.a to the Justices of his Lordships County Court of Somerset to be held at dividing Creek in the County afd the third tuesday of June then next under his seal &a and the seals &a he send together with the writt thereof to him directed &a and the Same day is given to the same James here also Att which said third tuesday of June to witt Eighteenth day of the same month anno Dom One thousand seven hundred and thirty four before the Justices of his Lordships County Court of Somerset at dividing Creek Cometh the afd James Lindow by his attorney afd and the sherriff sends not thereof the writt therefore as before it is Commanded the sherriff that by the oath of honest and Lawfull men of his bailywick he diligently Inquire in form afd &.a and the Inquisition which &a to the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third tuesday of August then next under his seal and the seals &a he send together with the writt thereof to him directed &.a and the same day is given to the same James there also Att which said third tuesday of August to witt the twentieth day of the same month ann.o Dom One thousand seven hundred and thirty four before the Justices of his Lordships County Court of Somerset then held at dividing Creek in the Same County Cometh the said James Lindow by his attorney afd and the Sherriff to witt Joseph Macclester Gent returned a Certain Inquisition Indented and taken before him at the Court house at dividing Creek in the County afd the Ninteenth day of August One thousand Seven hundred and thirty four by the Oath of Honest and Lawfull men of his bailywick by which it appears that the afd James Lindow hath not Sustained any damages by Occasion of the nonpermance of the promise and assumption afd &a which being read and heard &a Therefore it is Considered that the afd James Lindow take nothing by his writt but be thereof in mercy for his falce Clamour and that the said Patrick Burk go thereof without day also it is Considered that the afd Fran Patrick Burke recover against the afd James Lindow Seven hundred & Twenty three pounds of tobacco by the Court here adjudged unto him for his Costs and Charges by him about his defen^ce^ in that part had out & Expended according to the form of the Statute thereof made and provided & that he have thereof Execution whereupon upon the said James Lindow prays the County to dissolve themselves into a Court of Chancery and determine the premises above according to Equity &a which is Granted &a |
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Somerset County Judicial Records, 1733-1735
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