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August Court 1735
72 sustained by Occasion of the detaining of the Same debt to him to be adjudged &a Therefore it is Considered by the Court here that the afd Joseph Ennalls recover against the aforesaid Richard Mitchell his debt aforesaid and his damages sustained by occasion 323 of the detaining of the Same debt to three hundred & twenty three pounds of tobacco to the Same Joseph of his assent by the Court here adjudged and the afd Richard in mercy &a
And whereupon the same Day by W.m Goldsborough his attorney saith that whereas the af.d Thomas the thirtieth day of July in the year of our Lord God Seventeen hundred and thirty five at Somerset County af.d by his certain writing obligatory had granted himself to be bound unto the af.d Day in the af.d Sum of fifteen pounds in paper money to be paid unto the same Day when thereof afterward he should be required Nevertheless the af.d Thomas altho' often required the af.d fifteen pounds in paper Money unto the af.d day hath not paid but that unto him hitherto to pay altogether hath refused and still doth refuse to the damage of the same Day thirty pounds like money and one thousand pounds of tobacco and therefore he bringeth Suit &.a and doth bring herinto 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 Whereupon the said Thomas Upton by Robert Jenckins Henry his attorney cometh and defendeth the force and Injury when &.a and saith that he cannot gainsay the action af.d of the af.d Day Scott nor can he say but that the writing obligatory af.d is the deed of ^him^ the same Thomas Upton nor can he say but that he owes the af.d Day Scott the af.d fifteen pounds in paper money in manner and form as the af.d Day Scott above against him hath declared wherefore the same Day prays Judgment for his debt af.d and his damages sustained by occasion of the detaining of the same debt to him to be adjudged &.a Therefore it is Considered by the Court here that the af.d Day Scott recover against the aforesaid Thomas Upton his debt aforesaid and his damages sustained by 271 Occasion of the detaining of the same debt to two hundred & seventy one pounds of tobacco to the same Day of his assent by the Court here adjudged and the af.d Thomas in mercy &.a
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