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August Court
1735
(74) of our Lord One thousand Seven hundred thirty and four at Somerset County aforesaid within the Jurisdiction of this Court by his certain writing obligatory did acknowledge himself to be held and firmly bound unto the same Edmond Jennings in the aforesaid Seven hundred pounds of tobacco to be paid to the same Edmond when he should be thereunto requested Nevertheless the aforesaid John altho often thereunto requested the aforesaid Seven hundred pounds of tobacco unto the same Edmond he hath not as yet rendered but the same to him hitherto to render hath refused and 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 bringeth suit &.a and bringeth hereinto Court the writing aforesaid which the debt aforesaid in form aforesaid doth testify whose date is the same day and year aforesaid &.a Pledges &.a John Doe & Rich.d Roe Whereupon the said John Bozman by George Douglas 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 Edmond Jennings 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 af.d Edmond Jennings the aforesaid Seven hundred pounds of tobacco in manner and form as the af.d Edmond Jennings above against him hath declared wherefore the same Edmond 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 aforesaid Edmond Jennings Recover against the aforesaid John Bozman his debt af.d and his damages sustained 177 by occasion of the detaining of the same debt to one hundred and Ninty Nine pounds of tobacco to the same Edmond of his assent by the Court here adjudged and the af.d John in mercy &.a
attorney saith that whereas the said William Horsey in his life time on the first day of January in the Year of our Lord Seventeen hundred & thirty three at Somerset County was indebted unto the said Joshua in the sum of ten thousand Nine hundred and two pounds of tobacco being for the like quantity of tobacco by the af.d Joshua Caldwell for the use and service of the said William Horsey there before that time at his especial Instance and request laid out and expended as by an Account thereof herewith into Court brought may appear and so thereof being indebted the same William Horsey in his life time afterwards to wit the same day and year last mentioned at Somerset County in Consideration thereof upon himself did assume and to the same Joshua Caldwell then and there faithfully did promise that he the same William Horsey the same ten thousand Nine hundred and two pounds of tobacco to the same Joshua Caldwell when thereof afterwards he should be required well and truly would (pay |
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