Volume 851, Page 297b View pdf image |
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November Court
1736
297 Anno Dom one thousand Seven hundred and thirty Six being the day of the return of the said writt Came the said Francis Allen by George Douglas his attorney and the Sheriff of Somerset County to witt Joseph MccClester Gent at the same day Likewise Came and made return that by vertue of the writt afd to him thereof directed ^he^ had taken the body of the said Dennis Driskill whose body before the Justices of his Lordships County Court of Somerset at the same day and in the writt afd mentioned he had there ready &c And the said Francis Allen by his attorney afd Complained against the same Dennis Driskill in the plea afd as followeth viz.t Somerset County ss Dennis Driskill late of Somerset County planter was attached to answer unto Francis Allen of a plea of Trespass upon the Case &c And Whereupon the said Francis by George Douglass his attorney Complains that whereas the said Dennis the first day of may Anno Dom One thousand seven hundred and thirty six at the County of Somerset aforesaid within the Jur of this Court was Indebted unto the said Francis in One thousand pounds of Tobacco for Ballance of acc.o between them Stated and to the said Francis then and there due owing an unpaied and then and there did promise to pay the same when he should be there^unto^ requested yett the said Dennis tho' often requested not minding his promise and assumption aforesaid the same to the said Francis hath not paid but the same to him hitherto to pay hath D^e^nyed and still doth Deny to the Damage of the said Francis two thousand pounds of Tobacco and thereupon he brings suit &c pledg &c Jno Doe R Roe And the said Dennis Driskill in his Own proper person Comes and defends the force and Injury when &c and says that he Cannot deny the action afd of the afd Francis nor but that he assumed upon himselfe in such manner and form as the afd Francis first above against Complained and as to the damages of the same Francis by him by Occasion of the premisses in that part Sustained the same Dennis says and acknowledged that the afd Francis sustained damages by Occasion of the premisses further than his Costs and Charges by him about his suit in that part apposed to One thousand pounds of tobacco and not more and becaus the afd Francis deny's not this but the same allegation Confesseth to be true prays Judgmt and those damages above acknowledged together with his Costs and Charges afd to him to be adjudged &c Therefore by Consent of the parties afd it is Considered that the afd Francis Allen recover against the afd Dennis Driskill his damages to the afd One thousand pounds of 256 tobacco by the afd Dennis in form afd acknowledged and also 256 pounds of tobacco for his Costs and Charges afd to the Same Francis at his request by the Court note here and Consent of the parties afd adjudged which Certain Damages in the whole amounto pounds of tobo and the afd Dennis in Mercy &c |
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Volume 851, Page 297b View pdf image |
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