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Somerset County Judicial Records, 1735-1737
Volume 851, Page 183   View pdf image
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March Court            1735                            183

Elizabeth to his declaration afd may answer upon which the same Richard and Elizabeth hath day untill
thirty days after this term to them by the court here given to answer &a and the same Richard and Elizabeth
at the same day solemnly Called to answer Cometh not nor the same attorney of the afd Richard and
Elizabeth for the same Richard and Elizabeth saith nothing thereof in Barr or preclusion of the action afd
of the afd Samuel by which the Same Samuel and Remaineth thereof against the same Richard & Elizabeth
undefended &a      Upon which the same Samuel his damages by occasion of the non performance of the
promise and assumption afd against the afd Richard and Eliz.a adm.rx as afd ought to recover but because it is
not known what damages the afd Samuel hath sustained by occasion of the Non performance of the promise
and assumption afd Command is given to the Sheriff of Somerset County that by the Oath of
Honest and Lawfull men of his Bailywick he diligently Inquire what Damages the afd Samuel hath
sustained as well by Occasion of the non performance of the promise and assumption afd as for his Costs and
Charges by him about his suit in that part apposed and the Inquisition which thereof he takes to the Justices
of his Lordships County Court of Somerset to be held at dividing ^Creek^ in the same County the third Tuesday of June then
next under his Seal and the Seals of them by whose Oath he takes the Same Inquisition he send together with
the writt thereof to him directed &a


Joshua Caldwell
            @
John Horsey Exr Wm
Horsey
    Command was given to the Sheriffe of Somerset County that of the goods

and Chattells which were of William Horsey at the time of his death in the hands
    of John Horsey Late of Somerset County planter Executor of the testament of the same William
    Horsey in his Bailywick he should make as weth three hundred One hundred and twenty Eight
    pounds of tobacco which to Joseph Caldwell by the Justices of his Lordships County Court of Somerset
    at dividing Creek were adjudged for his damages which he had by Occasion of a Certain promise and
    assumption to the same Joshua Caldwell by the afd William Horsey in his Lifetime made and
    not performed as nine hundred and Eighty three pounds of tobacco which to the Same Joshua
    in the same Court were adjudged for his Costs and Charges by him about his Suit in that part apposed
    if the same John Horsey hath so much goods and Chattells which were of the said William Horsey at the
    time of his death in his hands remaining to be administred and if so much in his hands he hath not
    than the Costs and Charges afd to be Levied of the proper goods and Chattells of the same John
    Horsey and that same tobacco he should have before the Justices of his Lordships County Court of
    somerset to be held at dividing Creek the third Tuesday of March then next to satisfie the said Joshua
                                                                                                                                                    of


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Somerset County Judicial Records, 1735-1737
Volume 851, Page 183   View pdf image
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