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Somerset County Judicial Records, 1735-1737
Volume 851, Page 291   View pdf image
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              November Court                       1736                            291

GD  Richard Hickman  Francis Wharton
        Benja Derickson & Geo Howard Gar
        of Wm Jennings
                                 @
FA  Jno Linch

          To the Worshipfull the Justices of Somerset County in
Chancery Richard Hickman & Benja Derickson Francis Wharton
and George Howard Shew
        That here to fore your petitioners were Garnished as Garnishees of William Jennings
to appear at last November Court held for this County to shew Cause why nine hundred pounds
of tobacco or some quantity of tobacco within the Jurisdiction of this Court in Chancery
should not be condemned in your petitioners hands for the satisfaction of a debt due by
the said Jennings to a Certain John Linch as was said and alledged that your petitioners
appeared and Intented to have defended the said garnishm.t and by pleading severally that
had no goods of the said Jennings in their hands which really was then & Still is the
truth of the Case but so it was that the said Linch intending to Circumvent your
petitioners (having nottice that they Intended to appose a Condemnation) told you
petitioners that they might goe home and that they would delay any further proceedings
on the said attachment to another Court or Entirely dismiss or discontinue the
same and that your petitioners should receive no prejudice by Leaving the Court upon
which your petitioners trusting the said Linches promise left the Court & went home
and your petitioners further shew that the said Linch in order to appress your petitioners
have prosecuted the said attachment and had the said Sum of tobacco Condemned in
their hands for your petitioners absence at the said November Court which is the Contrary
to Equity and Conscience and the said Linch further threatens to take Execution ag.t
petitioners for the said Sum Your petitioners thereof pray that they may by releived
in the premisses and that the said Linch may be proper process compeld to appear
before your worships in Chancery to answer the premisses and till the premisses are heard &
determined in equity by your worships may be Enjoyn'd to stay Execution on the Condemnation
against your petitioners

Thereupon Command is given to the Sheriffe of Somerset County that he should Sumons the
afd John Linch if &c that all Excuses set apart he be and appear before the Justices of his
Lordships County Court of Somerset to be held at dividing Creek the third Tuesday of June then next
to answer the Bill afd &c and that thereof he should not fail &c and the same day is
given to the afd plft here also &c      Att which said third Tuesday of June to witt the fifteenth
                                                                                                                                  day


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Somerset County Judicial Records, 1735-1737
Volume 851, Page 291   View pdf image
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