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March Court
1734
(264) Sommerset ss John Odear late of Sommerset County planter was attached to answer unto Stephen Odear of a plea of trespass upon the Case &.a And Whereupon the said Stephen by George Douglas his attorney complains that whereas the said John on the tenth day of March Ann Dom Seventeen hundred & thirty two at Sommerset County af.d within the Juris of this Court was indebted to the said Stephen in the quantity of fifty bushells of Indian Corn of the value of four pounds three Shillings & four pence Current money of maryland for a maze by the s.d Stephen to the said John at the Especiall request and Instance of the said John before that time sold and delivered and being so thereof indebted on Consideration thereof upon himself did assume and to the said Stephen then and there faithfully promisse that he the said John the af.d fifty bushells of Indian Corn when he should be afterwards thereof required to the said Stephen would faithfully content and pay Nevertheless the said John his promise and assumption af.d in manner and form af.d nothing regarding but plotting and fraudulently intending the said Stephen in that part craftily and subtilly to deceive and defraud the af.d fifty bushells of Indian Corn or any part thereof to the said Stephen hath not paid or him for the same in any sort Contented but the same to him to pay hath altogether refused and the same to him to pay still doth refuse altho' the said fifty bushells of Indian Corn to the said Stephen to pay the said John afterwards to wit the day & year says he is the worse Eight pounds Current money of Maryland & thereof he brings suit 1732 D.r W.m John Odear Pledges &.a John Doe & R: Roe march 10.th To one mare sold and delivered Bushlls C.r you for Indian Corn 50 Feb.ry 6.th 1734 Then y.e above Errors Excepted his Acc.t was prov.d in Common forme Feb.ry 6.th 1734 p me Stephen S Odear according to law before me marke Wm Lane A Copy of the foregoing declaration and Acc.t 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 &.a Att which said third tuesday of March to witt the Eighteenth day of the same month Ann Dom One thousand seven hundred and thirty four Came the said Stephen Odear by his attorney af.d and the Sheriff of Somerset County to whom the foregoing writt was directed likewise cometh and maketh return thereof to the Court here Endorsed in these words Following viz.t Cepi Corpus declaration in time p Jos: M.cClester sheriff Whereupon the said John Odear by Francis Allen his attorney cometh and defendeth the force and Injury when &.a and saith that he cannot gainsay the action af.d of the af.d Stephen Odear nor can he say but that he did assume upon himself in manner and forme as the af.d Stephen Odear above against him hath complained and as to the damage of the same Stephen by him by Occasion of the premisses in that part sustained the same John saith and Confesseth that the af.d Stephen hath sustained damages by him by Occasion of the premisses beyond his Costs and Charges by him about his suit in that part apposed to Fifty bushells of Indian Corn and not more and because the af.d Stephen denys not (this |
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Somerset County Judicial Records, 1733-1735
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