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Somerset County Judicial Records, 1733-1735
Volume 846, Page 225b   View pdf image
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November Court      1734                   (225)

mentioned according to the tenour of his promise and assumption af.d whereby
action hath accrewed to the said Zachariah to have and require from the said
John the said thirteen pounds ten Shillings last mentioned  Nevertheless the
af.d John his several promises and assumptions in no sort regarding but
minding and fraudulently intending the same Zachariah in this part craftily
and subtily to deceive and defraud the af.d several sums amounting in the whole
to twenty seven pounds or any penny thereof to the same Zachariah hath
not paid or him for the same in any sort contented (altho' so to do by the
said Zachariah afterwards to wit the first day of September in the year
af.d at the County af.d & often afterwards there required) but the same to
him to pay or for the same in any sort to content altogether hath refused
and still doth refuse to the damage of the said Zachariah fifty pounds
Current money and thereof he brings Suit &a       pledges &.a  Jno Doe & R: Roe

a Copy of the foregoeing declaration was made and sent to be served on the defend.t with
the writt in the plea af.d according to act of assembly in such case made and provided
Att which said third tuesday of November to witt the ninteenth day of the same Month
Ann Dom one thousand seven hundred and thirty four being the day of the return of
the said writt cometh the said Zachariah Maccubbin by his attorney af.d and the
Sheriff of Somerset County to whom the foregoeing writt was directed likewise Comes
and makes return thereof to the Court here Endorsed Cepi Corpus declaration in time
                                                                                                p Jos: Macclester sher

Whereupon the said John Evans present here in Court in his proper person his attorney
is at the prayer of the said Zachariah Maccubbin by his attorney af.d the said
John Evans is adjudged to give Speciall bail to the action af.d thereupon a Certain
Henry Spear of Somerset County planter present here in Court in his proper person
under took for the said John Evans and assumed upon himself that if in case the
said Zachariah Maccubbin should recover Judgment in the plea af.d against
the said John Evans or that the said John Evans should be therein Convict that
then he the said John Evans should pay the Condemnation of the Court thereupon
or render his body to the Custody of the Sheriff of Somerset County in Satisfaction
thereof or that he the said Henry Spear will do the same for him &.a

And the af.d John Evans by Francis Allen his attorney comes and defends the
force and Injury when &.a and Saith that he cannot Gainsay the action af.d of
the af.d Zachariah Maccubbin nor can he say but that he did assume upon
                                                                                                    (himself


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Somerset County Judicial Records, 1733-1735
Volume 846, Page 225b   View pdf image
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