Volume 846, Page 23 View pdf image |
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June Court 1733
23 and afterwards Immediately Came thereof the Jurors &.c and the Jurors of that Same Jury by Joshua Caldwell Gent sheriffe of the the County afd to this Impannelled being Called Came to witt William Handy John Scarbrough Michael Disharoon, John Webb Edward Beachamp, Joshua Sturges, Hutton Hill, John Johnson David Hutson William White David Hazzard & Thomas Collins who to say the truth of and upon the premisses being Elected tryed and Sworne upon their Oath did Say that the afd Luke Bowen did assume upon himselfe in manner and form as the afd Grace Webb above against him hath Complained and did assess the damages of the Same Grace by Occasion of the Non performance of the promise afd and assumption afd beyound her Costs and Charges by her about her Suit in that part apposed to five pounds Currant money of Maryland and for those Costs and Charges to one pounds of tobacco &c thereupon the said Luke Bowen by his attorney afd prays that noe Judgment may be given on the verdict afd against him on the part of the afd Grace Webb for the Reasons following viz.t that the damages are Intire where they ought to be severed that it does not appear by the declaration that there was any note in Writing Concerning the promise about the Land Whereupon all and Singular the premises by the Court here seen heard and fully understood and mature deliberation thereupon had wherefore it seems to the Justices here that the declaration afd of the afd Grace Webb in manner and form afd declared and the matter in the same specified are not Sufficient in the Law to give Judgm.t on the verdict afd for the damages afd by the Jurors afd in form afd assessed &.c Thereof it is Considered that the afd Grace Webb take nothing by her writt and declaration afd but be in mercy for her falce Clamour and that the said Luke Bowen goe thereof without day &c Whereupon the afd Grace Webb by Francis Allen her attorney prays the Court that according to an act of assembly in Such Case provided; that in a Sumary way they would dissolve themselves into a Court of Chancery and determine the Caus afd according to the Rules of Equity and good Conscience which is to her Granted Whereupon all and Singular the Severall allegations as well on the part of the afd Grace Webb as on the part of the afd Luke Bowen being by the Court weighed and Maturally and Equitably Considered &c Therefore by the Justices it is decreed and adjudged that the afd Grace Webb Recover against the afd Luke Bowen the afd five pounds Currant money of Maryland her damages by the Jurors 1284 afd assessed as also Twelve hundred & Eighty four pounds of tobo by the Same Court for her Costs and Charges by her about her Suit in that part apposed and ye afd deft in mercy &c
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Volume 846, Page 23 View pdf image |
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