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August Court
1735
79 of his Lordships County Court of Somerset that they would dissolve themselves in a Court of Chancery and give Judgmt between the parties afd according to Equity and good Conscience as by act of assembly in Such Case made and provided which is to him Granted he filing his Bill in Equity so that the Same be before the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third theusday of June next & the Same day is given to the Same Geo here also &a Att which said next Court to witt the seventeenth day of June anno Dom One thousand Seven hundred and thirty five Came againe as well the aforesaid John Hendry as the aforesaid George Howard by their attorneys aforesaid and the said John Hendry Exhibitted to the Justices of Somerset County Court the Following Bill against the Said George Howard the tenor whereof runns in these words vizt Somerset sst To the worshipfull the Justices of the County af.d in a Court of Chancery Sitting humbly complaining sheweth unto your worships your Orator John Henry of the county af.d that some time on or about the year of our Lord Seventeen hundred & thirty your Orator had dealings with & sold to George Howard of this County & Sundry Goods to the value of five pounds Curr.t money of Maryland the particulars whereof your orator hereinto Court brings & for more Certainty referrs himself to & prays may be made part of this his bill of Complaints & your Orator further Sheweth that your Orators method of Gaining his lively hood being at that time & Ever since by travelling up & down this Government & the Governments of pensylvania & Virginia & Sundry other Governments & there pedling & rattling Goods had no long abode of any one place & by that means ^neglected^ to make such proof of his account ag.t the said George as by the laws of this Government is prescribed imagining indeed that there would be no need thereof & that the said Howard would honestly pay your Orator without any trouble & that he would readily acknowledge the preceipt of the particulars in your Orators said Account charged but so it is may it please your worships that after your Orator had been absent from this County some years & came to demand the same of the said George the said George refused either to allow your Orators Account or make you Orator any sort of Satisfaction for the same some times denying he ever had such Goods as your Orator charged him with & at other times when your Orator threatned to Sue him for his debt af.d insisted that he would barr your Orators claim by the act of assembly for limitation of actions all which actings & doings of the said George are Contrary to Equity & Good Conscience and tent to the great Impoverishing & hurt of your Orator In tender Consideration whereof & for that your Orators Wittness who could prove that his account af.d ag.t the said George is Just are dead out of the Country or unknown to your Orator & for that your Orators Account as now proved in strickness of law cannot be given in Evidence in any tryall at law whereby your Orator is without relief in the premisses but but the Aid of this Court to the end therefore that the said George on his oath may answer this your (Orators |
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Somerset County Judicial Records, 1735-1737
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