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March Court
1735
154 Bishop late of Comerset County planter al.s dict.s John Bishop Junor of Somerset County was Sumoned to answer unto Thomas Mitchell opf a plea that he Render unto him Eight hundred pound of good Merchantable Pork in hioggs at the Least shall way one hundred pound weight which to him he oweth and unjhustly detaineth &a Att whereupon the said Thomas by Francis Allen his attorney saith that whereas the said John the twenty third day of aprill anno Dom Seventeen hundred and thirty five at the County of Somerset af.d within the Jur of this Court by his certain Bill or writing obligatory which the said Thomas with the Seal of the said John Signed here into Court brings the date whereof is the same day and year did acknowledge himself to be bound unto the said Thomas in the af.d Eight hundred pound of good Merchantable pork to be paid to the said Thomas in hoggs that at least shall weigh one hundred weight by the tenth day of December then next Ensuing yet the said John tho' often required the said Eight hundred pounds of pork according to the tenor of his said Bill to the said Thomas upon the the af.d tenth day December hath not rendred but the same to him hitherto to render hath Denied And still doth deny and unjustly detain Whereupon he saith he is worse and hath Damage to the value of Ten pound Curr.t mony of Maryland And thereupon he brings suite &c pledges &a Jno Doe R Roe A Copy of the foregoing declaration was made and Sent to be Served on the defend.t with the writt in the plea aforesaid according to act of assembly in such Case made and provided &a Att which said third Tuesday of march to witt the Sixteenth day of the Same month ann Dom one thousand Seven hundred and thirty five being the day of the return of the said Writt Cometh the said Thomas Mitchell by his attorney afd and the Sheriff of Somerset County to whom the foregoing writt was directed Likewise Cometh & maketh return thereof to the Court here Endorsed Cepi Corpus declaration deliv.d in time P Joseph MaClester Sher Whereupon Came hereinto Court the said John Bishop in his proper person and thereupon the said John Bishop by the Court here at the prayer of the afd Thomas Mitchel is adjudged to give Special Bail to the action afd &a Whereupon a Certain Duncan Murray Late of Somerset County Marriner present herein Court in his proper person undertook for the said John Bishop and assumed upon himself [Likewise the said John Bishop assumed upon himself] that if in Case the said Thomas Mitchell should Recover Judgm.t in the plea afd Against the said John Bishop ^or that the said Jno Bishop^ should be therein Convicted that then he the said John Bishop should pay the Judgment of the Court thereupon or render his body to the prison of the Sheriff of Somerset County in [illegible] of ^Judgmt^ or that he the said Duncan Murray will do the Same for him Whereupon the said John Bishop in his own proper person Cometh and defendeth the force and Injury when &a and saith that he Cannot Gainsay the action afd of the afd Thomas Mitchell nor Can he say but that the bill obligatory afd is his deed nor butt that he owes the afd Thomas Mitchell the afd Eight hundred pounds of porke in manner and form as the afd Thomas above against him hath Declared wherefore the |
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Somerset County Judicial Records, 1735-1737
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