| Volume 851, Page 208b View pdf image |
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June Court
1736
208 same day is given to the aforesaid Southy here also &a Att which said next Court to witt the fifteenth day of June anno Dom One thousand Seven hundred and thirty Six Came againe as well the afd Southy Whittington as the afd Isaac Morris by their attorneys afd and whereupon the said Isaac as before defends the force and Injury when &a and saith that he with the debt afd by Vertue of the Writing afd to be burthened Ought not because he saith that the afd Eliz.a in her Life time to witt on the afd twenty first day of december in the year seventeen hundred and thirty three at Somerset County did pay and satisfie unto the af.d souuthy Whittington the af.d sum of Fifteen pounds according to form and effect of the writing obligatory af.d and this he is ready to verifie wherefore he prays Judgment if he with the debt af.d by vertue of the writing oblicatory af.d to be burthened ought &a And the af.d southy Whittington saith that he by anything by the af.d Isaac above in his plea alledged from having his accon af.d against him in his capacity af.d to be barred ought not because he saith that the said Eliz.a in her life time to witt on the af.d twenty first day of december in the year seventeen hundred and thirty three did not satisfy and pay unto the said southy the af.d fifteen pounds in Manner and forme as the said Isaac above in his plea by pleading hath alledged and this he prays may be Inquired of by the County &.a and the afd Isaac in Like manner Thereupon it is Commanded the Sheriffe of Somerset County that Immediately he should Cause to Come here before the Justices of his Lordships County Court of Somerset now sitting at dividing Creek in the same Coty Twelve &.a by whom &.a and who neither &.a to recognize &.a because as well &.a and afterwards Immediately Came thereof the Jury &a and the Jurors of that Same Jury by Joseph MaClester ^Gent^ sheriff of the County afd to this Impannelled being Called Came to witt Robert Jones, Joseph Wailes, Christopher Nutter Angello Atkinson W.m Porter Thomas Winder Jonathan Sturges John Reddish Charles Townsend John Roach Henry Turner Benja Townsend who to say the truth of the premisses being duely elected tryed and Sworn upon their Oath do say that the afd Eliz.a Davis ^in her Life time^ to witt on the twenty first day of December in the year One thousand seven hundred and thirty three did pay and Satisfie unto the afd Southy Whittington the afd fifteen pounds according to the form and Effect of the writing Obligatory afd as the afd Isaac above by pleaing hath alledged &a Therefore it is Considered that the afd Southy Whittington take nothing by his writt and declaration afd but be in mercy for his false Clamour and that the said Isaac Morris Ex.r of the Same Eliza Davis goe thereof without day And further it is Considered by the Court here that the afd Isaac Morris Recover against 1127 the afd Southy Whittington pounds of tobo 1127 for his Costs and Charges by him about his defence in that part Sustained to the same Isaac by the Court here according to the form of the Statute in Such Case Lately made and provided of his assent adjudged and that the afd Isaac have thereof Execution &a |
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| Volume 851, Page 208b View pdf image |
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