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Somerset County Judicial Records, 1733-1735
Volume 846, Page 32b   View pdf image
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June Court   1733         (32)

    Came again as well the afsd James Donelson as the afsd Heber Whittingham by their
    attorneys afsd  And the afd Heber Whittingham saith that the scirefacias afd and the matter in the Same Contained
    are altogether in sufficient in Law and that he thereto hath noe need or by the Law of the Land is held
    to answer and this he is Ready to verifie wherefore for want of a sufficient writt in this Case the said Heber
    prays Judgment and that the afd James from having Execution thereon may be precluded &c Joynder in demurer

                thereupon the said Heber Whittingham relinquisheth his verifications afd by him above alledged and
    says that he Cannot gainsay but that he oweth the afd James the afd twenty five thousand seven hundred
    pounds of tobacco in form as the same James by his writt of scirefacias afd above supposed nor but that
    the same James Execution of the afd twenty five thousand Seven hundred pounds of tobacco according to
    the form of the Recovery afd against him to have Ought &c

                Therefore it is Considered that the afd James Donelson have Execution against the afd Heber
    Whittingham of the afd Twenty five thousand seven hundred pounds of tobacco his damages afd Likewise
    the afd James Donelson according to the form of the Statute in Such Case Lately made and provided
346   Recover against the af Heber three hundred & forty six                                 pounds of tobacco for
    his Costs and Charges sustained by Occasion of delay of Execution of the damages afd &c


FA  Rob.t Watson
             @
WB  James Shirley
 Somerset County ss
                                 Be it Remembred that on the
Twenty first day of November Anno Dom seventeen
    hundred and thirty two ^in that same Term^ Came here into Court Rob.t Watson by Francis
    Allen his Attorney and Exhibitted to the Justices of the Right Honourable
    the Lord Proprietory here his Certain Bill ag.st James Shirley Gent one of
    the Attorneys of the County Court of the Right Honourable the Lord Prop.ry here
    present in Cor.t in his proper Person of a plea of Trespass upon the Case &c.a
    the Tenor of which Bill follows in these words viz.t  To the Justices of the
    Right Honourable the Lord Proprietary his County Cort here now held for the
    County of Somersett ss  Robert Watson by Francis Allen his Attorney Complains
    of James Shirley one of the Attorneys of the County Court of the Right Hon.rble
    the Lord prop.ry present here in Court in his Proper Person of a plea of Trespass
    upon the Case &c.a for that whereas the said James the sixteenth day of June Seventeen
    hundred and thirty one at Somerset County within the Jurr of this Cort was Indebted
    unto the said Robt in four pounds Cash as by a Certain note by the said James signed
    Ready here in Court to be Produced dated the day and year aforesd may appear
    and being so thereof Indebted the said James in and by the said note in Consideration
    thereof the day and year aforesd at the place aforesd ^&^ by the Note afsd upon
    himself did assume and to the said Rob.t then and there did doe faithfully
                                                                                                             promise


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Somerset County Judicial Records, 1733-1735
Volume 846, Page 32b   View pdf image
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