Volume 851, Page 276 View pdf image |
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November Court
1736
276 Therefore it is Considered by the Court here that the said Thomas Fletcher recover against the afd Patrick Connelly his debt afd and his damages Sustained by Occasion of the 299 detaining of the Same debt to Two hundred and Ninty Nine pounds of tobacco to the Same Thomas of his assent by the Court here adjudged in the afd Pat in Mercy &c
and Seven pounds and Seven pence halfe Curr.t money of america which to him he owes & Unjustly detaines &c And whereupon the said Whittington King by Thomas Bluett his attorney Complaines for that whereas when the said testator in his life time (to wit) the twenty fourth day of Jannuary in the year of our Lord one thousand seven hundred and twenty eight nine at the County of Somerset afd by his writing Obligatory sealed with the seal of him the said testator in his life time and here to this Court now to be shewn whose date is the same day and year afd Acknowledged himself to be held and firmly bound unto the said Whittington in the said three thousand two hundred and seventy four pounds of tobacco in Cask and seven pounds and seven pence halfpenney to be paid to the said Whittington when afterwards he should be thereunto required Nev^er^theless the said testator in his life time and the said Capell since the death of him the said testator altho often since thereto required (to wit) the first day of febuary in the year of our Lord afd the said testator And the said Capell since the death of the said testator (to wit) the fifth day of may in the year of our Lord one thousand seven hundred and thirty five the said three thousand two hundred and seventy four pounds of tobacco in Cask and seven pounds and seven pence halfpenney to the said Whittington hath not yet paid nor hath either of them paid but the same to him to pay the said testator in his life time And the said Capell since the death of the said testator hath altogether refused and the said Cappell hitherto doth refuse and unjustly detaine to the damage of him the said Whittington twenty pound sand thence he bringeth suit &c Pledges &c Jno Doe R Roe And the afd Capell King by George Douglas his attorney Cometh and defendeth the force and Injury when &c and prays Leave thereof to Imparle hereuntill next Court and he hath it and the Same day is Given to the afd Whittington here also &c And |
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Volume 851, Page 276 View pdf image |
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