Volume 851, Page 71b View pdf image |
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August Court
1735
(71) aged thirty five years or there abouts M.r William Weatherly aged forty Six years or there abouts M.r John Cheesman aged fifty Eight years or there abouts all being Sworn on the holy Evangelist of Almighty God say that they were there at the same time and agree to the above Deposition of M.r Christopher Piper and further the said Alexander Lackie ads that the said Christopher Nutter now deceased said that from this bounder one tract of land went down the Creek and the other up and further they say not We the Subscribers two of the Commissioners in the Commission above mentioned did meet on the abovesaid land called Nutters Adventure lying in Nutters Neck we being first quallified according to law and having Sumoned and Sworn the above wittness took their Severall depositions as above Specefied In testimony whereof we have hereunto affixed our hands and sealls as by the Commission above we were required Day Scott (seal) Jos: Wailes (seal)
detaineth &.a And whereupon the same Joseph by William Goldsborough his attorney saith that whereas the af.d Richard the thirtieth day of September in the Year of our Lord God Seventeen hundred and thirty four at Somerset County af.d by his certain writing obligatory had granted himself to be bound unto the af.d Joseph in the af.d sum of thirty Eight pounds Current Money to be paid unto the same Joseph when thereof afterward he should be required Nevertheless the af.d Joseph hath not paid but that unto him hitherto to pay altogether hath refused and still doth refuse to the damage of the same Joseph Seventy pounds Current money and thereupon he bringeth Suit &.a and doth bring hereinto Court the writing obligatory af.d which the debt af.d in form af.d testifies the date whereof is the same day and Year af.d &.a Pledges &.a Jn.o Doe R.d Roe And the said Richard Mitchell present here in Court in his proper person at the prayer of the said Joseph Ennalls by his attorney aforesaid is adjudged to give Speciall bail to the Action afd but for want thereof the said Richard Mitchell is Committed ^by the Court here^ into the Custody of the sheriff of Somerset County there to remain &.a the Said sheriff to witt Joseph MccClester Gent by Francis Porter his deputy present took Charge of the said Richard Mitchell accordingly &a Whereupon the said Richard Mitchell by Francis Allen his attorney Cometh and defendeth the force and Injury when &.a and Saith that he Cannot gainsay the action aforesaid of the afd Joseph Ennalls nor Can he Say but that the writing Obligatory afd is the deed of ^him^ the same Richard Mitchell nor Can he say but that he owes the afd Joseph Ennalls the afd thirty eight pounds Currant money in manner and form as the afd Joseph Ennalls above against him hath declared wherefore the Same Joseph prays Judgm.t for his debt afd and his damages sustained |
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Volume 851, Page 71b View pdf image |
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