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June Court
1735 48 the s.d Four pounds Nine shillings & four pence three farthings in Cash or Pork at tenn shillings p hundred & one hundred & twenty Seven pounds of Tobacco to the s.d John when he should be thereunto requested well & faithfully he would pay & Content Nevertheless the s.d Benjamin in his life time nor the afores.d Joseph since the decease of the s.d Benjamin the Severall promisses & assumptions of the afores.d Benjamin so as afores.d in his life time made Nothing regarding but plotting & fraudulently intending the s.d John in that part craftily & subtilly to deceive and defraud the afores.d Several Sums of Money & Tobacco to the s.d John altho' the same to do the s.d Benjamin in his life time to witt on the twenty fifth day of Decemb.r in the Year last afores.d & often afterwards and the aforesaid Joseph since the decease of the s.d Benjamin to witt on the first day of May Anno Dm Seventeen hundred & thirty four & often afterwards at the County of Somrsett afores.d they were thereunto ^requested^ have not paid or contented nor either of them hath paid or Contented but the same to him hitherto to pay have refused and the s.d Joseph the same to the s.d John to pay Still doth refuse and deny whereupon the s.d John saith he is worse & hath damage to the value of Eight pounds Eighteen shillings curr.t money of Maryland and three hundred and thirty four pounds of tobacco And thereupon he brings Suite &.c Pledges dep Jn.o Doe R Roe Whereupon the said Joseph Houston Ex.r of Benjamin Houston by George Douglas his attorney cometh and defendeth the force and Injury when &.c and prayeth leave thereof to Imparle hereuntill next Court and he hath it and the same day is given to the aforesaid John herealso &.c Att which said next Court to witt the Eighteenth day of March Ann Dom One thousand Seven hundred and thirty Four came againe as well the af.d John Atkinson as the af.d Joseph Houston Ex.r of Benjamin Houston by their attorneys af.d and whereupon the said Joseph Houston Ex.r of Benjamin Houston prays further Leave thereof to Imparle hereuntill next Court and he hath it and the same day is given to the aforesaid John herealso &.c Att which said next Court to witt the Seventeenth day of June anno Dom One thousand seven hundred and thirty five Came againe as well the aforesaid John Atkinson as the afd Joseph Houston Ex.r as afd and saith that he Cannot Gainsay the action afd of the afd John nor Can he Say but that the said Benjamin in his Life time did assume upon himselfe in manner and form as the afd John Above against him hath Complained and as to the damage of the Same John by him by Occasion of the premisses in that part Sustained the same Joseph sayth and Confesseth that the afd John hath sustained damages |
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Somerset County Judicial Records, 1735-1737
| Volume 851, Page 48 View pdf image |
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