Volume 846, Page 229b View pdf image |
November Court
1734
(229) assumption of the said John as for his Costs and Charges by him about his Suit in that part apposed whereof the said John Ellis is Convict as p the Record and process thereof in the Same Court before the Justices thereof now remaining manifestly appears which same Judgment in its full force and Effect yet remains in no sort reversed or annulled and the af.d George his Execution against the af.d John Ellis of the damages af.d yet hath not obtained by which Action hath accrewed to the same George to require & have from the af.d John Ellis the damages af.d Nevertheless the af.d John altho' often required the af.d two Bushells and an half of wheat and Seven hundred and twenty two pounds of Tobacco to the same George hath not rendred but that unto him hitherto to render altogether hath refused and still doth refuse to the damage of the same George five bushells of wheat and fourteen hundred and forty four pounds of Tobacco and thereupon he brings suit &.a pledges &a John Doe & R Roe A Copy of the foregoing 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 George Douglas by his attorney af.d and the Sher of Somerset County to whom the foregoing writt was directed likewise Comes & makes return thereof to the Court here Endorsed Cepi Corpus declaration in time p Joseph M.aClester sher Whereupon the said John Ellis present here in Court in his proper person is adjudged to give speciall bail to the action afd Thereupon a Certain Ralph Milbourn of Somerset County planter (Came hereinto Court in his proper person And undertook and assumed upon himselfe for the said John Ellis) (likewise the the said John Ellis present here in Court as afd assume upon himselfe) that if in Case the said George Douglas should recover Judgment against him the said John Ellis in the plea afd or that he the said John Ellis ^should be therein Convict that then he the said Jno Ellis^ shall pay the Condemnation of the Court thereupon or render his body in Execution of Such Judgment to the prison of the Sheriff of Somerset County in Satisfaction thereof or that he the Said Ralph Milbourn will do the Same for him &a And the afd John Ellis in his own proper person Cometh and defendeth the force and Injury when &.a And saith that he Cannot gainsay the action afd of the afd George nor but that he Oweth the Same George the afd two and a halfe Bushells of wheat and Seven hundred and twenty two pounds of tobacco in manner and form as as the afd George above against him hath declared &a Therefore it is Considered that the afd George Douglas Recover against the afd John Ellis his debt afd and his damages by Occasion of the detention of the Same debt to three hundred & One 301 pounds of tobacco to the Same George of his assent by the Court here adjudged and the afd John in mercy &.a and upon this the afd George freely herein Court remitteth to the afd John Ellis two and a halfe bushells of wheat part of the debt afd &.a therefore the Same John Ellis of the same two & a halfe bushells of wheat be quiett &a |
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Volume 846, Page 229b View pdf image |
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