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June Court 1733
(43) and Unjustly Detains &c And Whereupon the Said John by Francis Allen his Attorney saith that Whereas the said Benj.n the Eighteenth day of November Anno Dom one thousand seven hundred and thirty one at the County of Somerset afores.d within the Jurr of this Cor.t by his Certain Writing Obligatory which the Said John with the Seal of the Said Benj.n signed here into Court Brings the Date whereof is the Same Day and year did Acknowledge himself to be bound unto the Said John in the afores.d twenty four pounds Eighteen Shillings Curr.t mony afores.d to be paid unto the said John when he should be thereunto Requested Yett the Same Benj.n tho' often Required the said Twenty four pounds Eighteen shillings to the said John as yett hath not Rendered but the Same to him hitherto to Render hath Denyed And Still doth Deny and Unjustly Detain Whereupon he Saith he is worse and hath Damage to the Value of fifteen pounds mony aforesaid And thereupon he brings suit &c Pledged depros Jn.o Doe A Copy of the foregoing Declaration was made and sent to be served R Roe on the Defent with the writt in the plea aforesaid Att which said third tuesday of June to Witt the Nineteenth Day of the same Month Anno Dom one thousand seven hundred and thirty three Came the aforesaid John Purnell by his Attorney aforesaid and the sher of Somerset County to whom the foregoing writt was Directed Likewise Comes and makes Return thereof to the Court here Endorsed in these words following vizt Cepi Corpus Declaratn In time p Joshua Caldwell sher Whereupon the Said Benj.n ^sharp^ being Called Appears and thereupon the Said Benjn Sharp at the prayer of the aforesaid John Purnell plea aforesaid thereupon a Certain John Warters late of Somerset County ^Gent^ present here in Court in his Proper Person undertakes fro the Said Benjn Sharp that in Case the said John Purnell should Recover Judgment in the plea aforesaid against the said Benjn Sharp or that the said Benjn Sharp should be therein Convict that then ^he^ the said Benjn Sharp should pay the Condemnation of the Court thereupon or Render his Body to the Custody of the Sher of Somerset County in Satisfaction thereof or that he the same John Warters will do the same for him &c And the afs.d Benj.n Sharp by W.m Beckingham his Attorney Cometh and Defendeth the force and Injury when &c and the aforesaid John Purnall prays that the afs.d Benj.n Sharp to his Declaration afores.d may answer Whereupon the aforesaid Benj.n hath day to him Given by the Court here Untill Monday next being the Last day of this Term to Answer &c And the Same Benj.n at the Same Day being Solomnly Called to Answer Cometh not nor the Same Attorney of the afores.d Benj.n for the Same Benj.n nothing thereof Says in Barr or Preclution of the Action aforesaid of the afores.d John by which the Same John Remaineth thereof against him Undefended &c Therefore it is Considered that the afs.d Jno Purnall Recover against the Afores.d Benjn Sharp his Debt afs.d and his Damages Sustained by Occasion of the Detaining of the Same Debt to 403 pounds of tob.o to the Same W.m of his Assent by the Court here adjudged and the afores.d Deft in Mercy &c |
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Somerset County Judicial Records, 1733-1735
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