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Somerset County Judicial Records, 1733-1735
Volume 846, Page 96b   View pdf image
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November Court               1733            96

said three hogsheads of tobacco out of his hands and possession causually lost wc.h
said three hogsheads of tobacco afterwards to witt on the aforesaid thirteenth day
of August in the year aforesaid at somerset county afd to the hands and possession
of the said William by finding came nevertheless the said William well knowing
the aforesaid three hogsheads of tobacco to be of the proper goods and chattles
of the said Theodore and to him the said Theodore of Right to belong and
appertain plotting nevertheless and fraudulently intending the said Theodore
of three hogsheads of tobacco aforesaid craftilly and subtilly to deceive
and defraud the Three hogsheads of Tobacco aforesaid though often thereunto
requested to the said Theodore hath not delivered but ^the^ three hogsheads of
tobacco afterwards to Witt on the first day of September in the year afd
at somerset county aforesaid to his own proper use did convert and dispose
To the damage of the said Theodore of three thousand four hundred and
fifty two pounds of tobacco and thereupon he brings suit &a
                                                                                       pledges &a John Doe
                                                                                                         R Roe

          Whereupon the afd William Andrews in his Own proper person appears and thereupon the said
    William Andrews at the prayer of the said Theodorus by his attorney afd is adjudged to give Speciall bail
    to the action afd   Thereupon a Certain John Scarbrough and Johnson Hill both of Somerset County planters
    present here in Court in their proper persons assumed upon themselves and undertook and Each of them
    undertook for the afd William Andrews that if in Case the said Theodorus Bere Should recover Judgment
    against the said William Andrews in the plea afd or that the said William Andrews should be therein Convict
    that then he the said William Andrews 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 they the said John Scarbrough
    and Johnson Hill will do the Same for him &a

             And the said William Andrews by George Douglas his attorney comes and defends the force and
    Injury when &a and prays leave thereof to Imparle hereuntill next court and he hath it and the same
    day is given to the aforesaid Theodore here also &a

             Att which said next court to witt the Twentieth day of November One thousand Seven hundred
    and thirty three came again as Well the aforesaid Theodore as the aforesaid William Andrews by
    their attorneys aforesaid and whereupon the same William says that he cannot gainsay the action
    aforesaid of the aforesaid Theodore nor can he say but he did assume upon himselfe in maner and
    form as the aforesaid Theodore above against him hath complained and to the damage of the
    same Theodore by him by Occation of the premisses in that part sustained the same William
    saith and confesseth that the aforesaid Theodore hath sustained damages by Occation of the
    premisses further than his costs and charges by him about his suit in part apposed to Seventeen
    hundred and twenty Six pounds of tobacco and not more and because the afd Theodorus denys not this but
    the Same allegation Confesseth to be true prays Judgment and those damages above Confessed together with his
    Costs and Charges afd to him adjudged &a

                               Therefore it is Considered by Consent of the parties afd that the afd Theodorus Bere recover
    against the afd William Andrews his damages afd to the afd Seventeen hundred and twenty five pounds of
426   tobacco by the afd William in form afd Confessed as also Four hundred & Twenty Six            pounds
    of tobacco for his Costs and Charges afd to the Same Theodorus at his request by the Court here and Consent of
    the parties afd adjudged and the afd deft in mercy &a


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Somerset County Judicial Records, 1733-1735
Volume 846, Page 96b   View pdf image
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