| Volume 851, Page 76b View pdf image |
August
Court
1735
76
dividing Creek the third Tuesday of August then Next to answer unto Elizabeth Otwell a Minor under the age of twenty one years who by Francis Otwell her Procheinamy prosecutes of a plea of trespass upon y.e Case &a and that thereof he should not fail &.a Att which said third Tuesday of August to witt the Ninteenth day of the same month Ann Dom one thousand Seven hundred and thirty five being the day of the return of the said writt cometh the said Francis Otwell Procheinamy of Elizabeth Otwell by Francis Allen his attorney and the Sheriff of Somerset County to whome the foregoeing writt was directed likewise cometh and maketh return thereof to the Court here Endorsed in these words Following viz.t Cepi Corpus p Jos Macclester sh Afterwards to witt the ninteenth day of August Ann.o Dom One thousand Seven hundred and thirty five the same day and Year Last mentioned at dividing Creek in Somerset County afd Cometh the said John Colebourn and Margarett his wife ^by George Douglas their attorney^ and the afd Francis Otwell procheinamy as afd then and there his witt afd against the afd John Colebourn and Margarett his wife did not prosecute with Effect but Voluntarily permitted his suit to be discontinued therefore afterwards to witt that same day by discretion of the Justices of his Lordships County Court of Somerset here were adjudged to the Same John Colebourn and Margrett his wife Two hundred & Fifty three pounds of tobacco for his Costs and Charges by him about his defence in that part sustained according to the form of the Statute in such Case thereof Lately made and provided and the afd Francis Otwell procheinamy as afd in Mercy & that the afd John Colebourn and Margarett his wife have thereof Execution &a
And whereupon the s.d Joseph by Francis Allen his attorney saith that whereas the s.d Donnock the Ninth day of November Anno Dom Seventeen hundred & thirty four at Somrsett County afores.d within the Jur of this court by his certain writing obligatory w.ch the s.d Joseph with the seal of the s.d Donnock Signed hereinto Court brings the date whereof is the same day & year did acknowledge himself to be bound unto the s.d Joseph in the afores.d Eight thousand pounds of tobacco to be paid to the said Joseph when he should be thereunto required yett the s.d Donnock tho' often required y.e s.d Eight thousand pounds of tobacco to the s.d Joseph hath not rendered but the same to him hitherto to render hath denied and still doth deny and unjustly detain to the (damage |
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| Volume 851, Page 76b View pdf image |
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