Volume 846, Page 269b View pdf image |
March Court
1734
269
And Whereupon ye same Thomas Dashiell by Robert Jenckins Henry his attorney saith y.t whereas the aforesaid Thomas by y.e Name of Thomas Dashiell y.e seventeenth day of June Ann.o Dom one thousand seven hundred and twenty Nine at a Court of the Right Honourable Charles absolute Lord and proprietary of the provinces of Maryland and avalon Lord Baron of Baltemore &.a held ^for Somerset Co.ty^ at dividing Creek in y.e County af.d before Samuel Hopkins Gent & his associates then Justices of the same Court and by Consideration of the same Court had recovered against a Certain William West late of Somerset County planter twelve hundred and forty pounds of Tobacco for his damages which he sustained as well by occasion of a Certain promisse & assumption to y.e same Thomas by the aforesaid William made and not performed whereof he is Convict as by the Records and proceedings thereof in the same Court before the Justices afores.d at dividing Creek aforesaid remaining manifestly appeareth Nevertheless Execution of y.e Judgment aforesaid of the damages afores.d to the said Thomas remaineth to be made and whereas the afores.d Randall West late of Somerset County planter in his life time (to wit) the Nineteenth day of November Ann Dom One thousand Seven hundred and twenty Eight at a Court held at dividing Creek aforesaid in the County aforesaid before the aforesaid Samuel Hopkins Gent and his associates the then Justices of y.e same Court assumed upon himself and did undertake for the afores.d William West that in Case y.e said Thomas Dashiell ^should^ recover Judgment against the aforesaid William in a Certain plea of trespass upon the Case &.a by the same Thomas against y.e aforesaid William ^in^ the same Court then prosecuted or that the same William should be therein Convict that then the same William all the damages which to the said Thomas in the same Court herein y.e afores.d plea of trespass upon the Case &.a that should be adjudged he would satisfie or his body in Execution of such Judgment to y.e Sher of Somerset County afores.d would render or that y.e said Randall West would do the same for him &.a Nevertheless the aforesaid William his body in Execution of y.e s.d Judgment to y.e aforesaid Sher of Somerset County did not render nor the said William the damages afores.d to the afores.d Thomas hath not satisfied nether did the aforesaid Randall West do the same for him as by the Insinuation of y.e same Thomas in his said L.dships County Court aforesaid before the Justices thereof received and because his s.d Lordship was willing that those things which in the same Court were rightfully acted and acknowledged ^ought^ to be duly Executed afterwards (Viz.t) y.e twentieth day of March Ann Dom seventeen hundred and twenty Nine at the prosecution of the same Thomas out of his said Lordships County Court of Somerset aforesaid at dividing Creek aforesaid before the then Justices thereof Issued a Certain writt of his said Lordships to the then Sher of the County of Somerset directed by which same writt the same then Lord proprietary the same then Sheriff of Somerset County afores.d commanded that by honest and lawfull men of his bailywick he should make known to y.e aforesaid Randall West that he should then be and appear before his s.d Lordships then Justices of y.e s.d County Court of Somerset to be held at dividing Creek y.e third Tuesday of June then next following to shew Cause if any thing for himself he had or knew to say wherefore the same Thomas his Execution against him of the damages aforesaid to have Ought not according to the form of the Recognizance afores.d if unto him it should seem Expedient and that he (should |
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Volume 846, Page 269b View pdf image |
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