| Volume 851, Page 245b View pdf image |
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August Court
1736
245 want of a Sufficient plea in that part the said Thomas prays Judgm.t and his debt afd together with his damages for detaining that debt to him to be adjudged And the afd Richard for that he Sufficient matter in Law in his plea afd to barr him the Same Thomas from having and maintaining his action afd against him the said Richard above in pleading hath alledged which matter the Said Thomas hath not gainsayed but the truth thereof to admitt altogether doth deny as before prays Judgment and that the said Thomas from having his action afd thereupon against him the said Richard may be barred &a Whereupon all and Singular the premisses being Seen and by the Court here fully understood and mature deliberation thereupon had for that it seemeth to the Court here that the plea afd by the afd Richard in form afd above pleaded and the matter in the Same Contained are Insufficient in the Law to the same Thomas of his action afd against him the Same Richard to have and preclude Therefore it is Considered that the afd Thomas Dashiell recover against the afd Richard 415 Holland his debt afd as also pounds of tobacco for his damages which he sustained as well by occasion of the detention of that same debt as for his Costs & Charges by him about his suit in that part apposed to the same Thomas by the Court hereof his assent adjudged and the afd Richard in mercy &a memorandm the Bail p.s sold been Entered after the decl Immediately but was comitted & Entered here as followeth vizt Whereupon the said Richard Holland at the prayer of the afd Thomas Dashiell by his attorney afd is adjudged to give speciall bail to the action afd Whereupon Came hereinto Court a Certain Nathaniel Crapper Late of Somerset County planter and undertook for the Same Richard Holland and assumed upon himselfe (Likewise the Same Richard Holland assumed upon himselfe) that if in Case the said Thomas Dashiell should recover Judgm.t in the plea afd against the said Richard Holland or that the said Richard Holland should be therein Convicted that then he the said Richard Holland should pay the Judgment of the Court thereupon or render his body in Execution of Such Judgment to the prison of the Sheriffe of Somerset County in Satisfaction thereof or that he the said Nathaniel Crapper will do the same for him &a
attorneys complain that whereas the same James and William on the first day of July Anno Dom one thousand seven hundred and thirty five at Stepney Parish in somerset County within the Jurisdiction of this Court at the especial Instance and request of the afd Daniel (and) |
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| Volume 851, Page 245b View pdf image |
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