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Somerset County Judicial Records, 1733-1735
Volume 846, Page 229b   View pdf image
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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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Somerset County Judicial Records, 1733-1735
Volume 846, Page 229b   View pdf image
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