Volume 846, Page 234b View pdf image |
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November Court
1734 (234) to be paid to the said William Turpin or his assigns when thereof afterwards he should be required and to the same payment well and truly to be made the aforesaid Benjamin in his life time then bound his heirs Ex.rs and Adm.rs by the same Nevertheless the af.d Benjamin in his life time and the af.d Capewell the Executor after the death of the said Benjamin altho' often required the af.d three thousand and Eighteen pounds of Tobacco to the same William Turpin have not rendred but that unto him to render hath refused and the af.d Capewell the same to him hitherto to render still doth gainsay and unjustly detaineth wherefore the same Wm Turpin saith he is the worse & hath damage to the value of six thousand and thirty six pounds of Tobacco and thereof 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 the defend.t with the writt in the plea af.d according to act of assembly in Such Case made nd 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 William Turpin by his attorney af.d and the Sher of Somerset County to whom the foregoing writt was directed likewise Comes and makes return thereof to the Court here Endorsed Cepi Corpus declaration in time p Joseph Macclester sher And the aforesaid Capwell King by Francis Allen his attorney Cometh and defendeth the force and Injury when &a and saith nothing in barr or preclusion of the action aforesaid of the afd William Turpin by which the same William remaineth against the aforesaid Capwell thereof undefended &a Therefore it is Considered that the afd William Turpin Recover against the afd Capewell King Executor of the afd Benj.a King his debt afd and his damages by Occasion of the detaining of the 354 same debt to three hundred & fifty four pounds of tobacco to the same Wm of his assent by the Court here adjudged of the goods and Chattells which were of the afd Benjamin at the time of his death in the hands of the same Capwell to be administred if so much in his hands he hath and if so much in his hands he hath not than the damages afd to be Levied of the proper goods and Chattells of the Same Capwell and the afd defend.t in mercy &a
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Volume 846, Page 234b View pdf image |
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