Volume 851, Page 73 View pdf image |
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August Court
1735
(73) and defendeth the force and Injury when &.a and saith that he cannot gainsay the action af.d of the af.d Joseph M.cClester nor can he say but that the writing obligatory af.d is the deed of him the same James Quatermus nor can he say but that he owes the af.d Joseph M.cClester the af.d One thousand three hundred and twenty pounds of tobacco in manner and form as the af.d Joseph M.cClester above against him hath declared wherefore the same Joseph prays Judgm.t 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 Joseph McClester recover against the af.d James Quatermus his debt af.d and his damages Sustained by 171 Occasion of the detaining of the same debt to One hundred & Seventy One pounds of Tobacco to the same Joseph of his assent by the Court here adjudged and the af.d James in mercy &.a
quantity of Fifteen hundred pounds of good sound Merchantable tobacco which to him he oweth and unjustly detaineth &a And whereupon the same David by Robert Jenckins Henry his attorney saith that whereas the af.d John the Eighth day of February in the Year of our Lord One thousand seven hundred thirty and four at Somerset County aforesaid within ye Jurisdiction of this Court by his certain writing Obligatory did acknowledge himself to be held and firmly bound unto the same David in the aforesaid Fifteen hundred pounds of good sound merchantable Tobacco to be paid to the same David when he should be thereunto afterwards requested Nevertheless the aforesaid John altho often thereunto requested the aforesaid Fifteen hundred pounds of tobacco unto the same David he hath not as yet rendered but the same to him hetherto to render hath refused & still ^doth^ refuse and deny wherefore he saith that he is the worse and hath damage to the Value of two thousand pounds of tobacco and thereof he bringeth suit &.c and bringeth here into Court the writing af.d which the debt af.d in form af.d doth testify whose date is the same day & year aforesaid &.cra pledges &.c John Doe & Richard Roe Whereupon the said John Bozman Senior by George Douglas his attorney cometh and defendeth the force and Injury when &.c and saith that he cannot gainsay the action af.d of the af.d David Willson nor can he say but that the writing obligatory af.d is the deed of him the same John Bozman nor can he say but that he owes the aforesaid David Willson the afores.d Fifteen hundred pounds of tobacco in manner and form as the afores.d David Willson above against him hath declared wherefore the same David 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 &c (Therefore |
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Volume 851, Page 73 View pdf image |
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