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Somerset County Judicial Records, 1735-1737
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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Somerset County Judicial Records, 1735-1737
Volume 851, Page 208b   View pdf image
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