| Volume 846, Page 266b View pdf image |
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March Court
1734
266 here to give Speciall bail to the action afd but for want thereof the said James Lindow is Committed into the Custody of the Sheriff of Somerset County there to remain &a the said Sheriff to witt Joseph MaClester Gent by Francis Porter his deputy present here in Court took Charge of the said James Lindow accordingly &a And whereupon the Said James Lindow in Custody as aforesaid in his proper person Cometh and defendeth the force and Injury when &.a And saith that he cannot gainsay the Action af.d of the af.d Joshua Caldwell nor can he say but that he did assume upon himself in manner and form as the aforesaid Joshua Caldwell above against him hath complained and as to the damage of the same Joshua by him by occasion of the premisses in that part Sustained the same James saith & Confesseth that the af.d Joshua hath sustained damages by occasion of the premisses beyond his Costs and Charges by him about his suit in that part apposed to two thousand five hundred & five and an halfe pounds of tobacco and not more and because the af.d Joshua deny's not this but the same allegation Confesseth to be true prays Judgment for those damages above Confessed together with his Costs and Charges af.d to him to be adjudged &.a Therefore by Consent of the parties aforesaid it is Considered that the af.d Joshua Caldwell recover against the af.d James Lindow his damages af.d to the af.d two thousand five hundred and five and an half pounds of tobacco in form af.d Confessed as also four hundred & sixteen 416 pounds of tobacco for his Costs and Charges to the same Joshua by the Court here and Consent of the parties af.d adjudged and the af.d defendent in mercy &.a
the same County of a plea of trespass upon the Case &.a and that thereof he should not fail &.a And the af.d Joshua Caldwell by William Beckingham his attorney Complained against the af.d John Follows in the plea af.d as Followeth Viz.t Somerset County ss John Follows late of Somerset County planter was attached to answer unto Joshua Caldwell late high Sheriff of the same County of a plea of trespass upon the Case &a And Whereupon the same Joshua by Wm Beckingham his attorney complains that whereas the af.d John the tenth day of May in the year of our lord Seventeen hundred and thirty five at Somerset County was indebted unto the af.d Joshua in the sum of two thousand and forty pounds of tobacco being for the like quantity of tobacco by the same Joshua for the use and Service of the same John at his especial instance and request there before that time laid out and expended as by an account thereof herewith into Court brought may appear and so thereof being indebted the same John in Consideration thereof afterwards to wit the same day and year af.d at the County af.d upon himselfe did assume and to the same Joshua then & there faithfully did promise that he the same John the same two thousand and forty pounds of tobacco to the af.d Joshua when (thereof |
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| Volume 846, Page 266b View pdf image |
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