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November Court
1737
149 Whereupon Came hereinto Court Whittington King late of Somerset County planter in his proper person before the af.d Justices at dividing Creek and undertook for the same Wonney M.ccClemmey and assumed upon himself (Likewise the said Wonney M.ccClemmey present herein Court in his proper person assumed upon himself) that if It should happen that Judgment in the plea af.d should be rendred for the same Martin against him the said Wonney or that he the said Wonney should be therein Convicted that then the said Wonney should pay and satisife unto the said Martin the Judgment of the Court thereupon or render his body in Execution of such Judgment to the prison of the sherriffe of the County af.d thereto remain untill the same Judgment be fully satisfyed or that he the same Whittington will do the same for him &.a And the aforesaid Wonney Macclemmey by William Arbuckle his attorney Cometh & defendeth the force and Injury when &.a and saith that he did not assume upon himselfe in manner and form as the plantiffe above against him hath Complained and of this he puts himselfe upon the Country and the afd Martin Fenton in Like manner And afterwards the same day the afd Wonney relinquisheth his verification afd by him above pretended saith that he Cannot deny the action afd of the aforesaid Martin Fenton nor but that he did assume upon himselfe in manner and form as the afd Martin Fenton above against him hath Complained and as to the damage of the Same Martin by him by Occasion of the premisses in that part Sustained the Same Wonney McClemmey saith and acknowledgeth that the afd Martin hath Sustained damages by occasion of the premisses beyond his Costs and Charges by him about his suit in that part because the afd Martin denys not this but the same allegation believes to be true pray Judgm.t for those damages above acknowledged together with his Costs and Charges afd to him to be adjudged &a Therefore by Consent of the parties afd it is Considered that the aforesaid Martin Fenton recover against the afd Wonney MaClemmey his damages afd to the afd Eight pounds ten Shillings Curr.t money of Maryland by the same Wonney in form afd acknowledged as also 472 pounds of tobacco for his Costs and Charges afd to the Same Martin at his request by the Court now here of the assent of the parties afd adjudged which Certain damages in the whole amounts to Eight pounds ten Shillings Curr.t money of Maryland and pounds of tobacco with stay Exn till ye first day of July next & ye afd deft in Mercy |
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Somerset County Judicial Records, 1737-1738
| Volume 859, Page 149 View pdf image |
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