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Somerset County Judicial Records, 1737-1738
Volume 859, Page 150b   View pdf image
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       November Court                    1737                     150

RH  James Munford
                @
pse  John Small
     Command was given to the sheriff of Somerset County that he should take
John Small Late of Somerset County planter if he should be found in his
bailywick and him should safe keep so that he might have his body
before the Justices of his Lordships County Court of Somerset to be held at deviding Creek
in the same County the third tuesday of November Anno Dom one thousand seven hundred
and thirty seven to answer unto James Mumford of a plea of trespass upon the Case &.a

    And hereupon the said James Mumford by Robert jenckins Henry his attorney declared
against the af.d John Small in the plea af.d in form following Viz.t  Somerset County
ss.t  John Small late of Somerset County planter was attached to answer unto James
Mumford of a plea of trespass upon the Case &.a

    And Whereupon the said James by Robert Jenckins Henry his attorney complains
that whereas the af.d John after the first day of may seventeen hundred and five
(to witt) the twenty second day of June in the year of our Lord God one thousand seven hundred
thirty and seven at Somerset County af.d within the Jurisdiction of this Court made his
certain note in writing comonly called a promisary note with his proper hand thereunto
subscribed bearing date the same day and year last above mentioned which said note the
same John to the af.d James then and there did deliver and by the same note did promise
to pay unto the af.d James (by the name of James Mumford senr) one thousand and fifty
Cypress boards to be delivered at snow hill Town by the twentieth day of July next ensuing
the date of the same note for value received by reason of which said premisses and also
by vertue of the statute in such case lately thereof made and provided the same John
became chargeable to pay to the said James the af.d one thousand and fifty Cypress Boards
at the place af.d and at the time therein prefixed according to the tenor of the same
note and the said John so thereof chargeable being in consideration thereof afterwards
(to witt) the same day and year last above mentioned at Somerset County af.d upon
himself did assume to the same James then and there did faithfully promise that
he the af.d John the af.d one thousand and fifty Cypress boards according to the tenor
of the said note he would well and truely pay and Content  Nevertheless the af.d John his
promise and assumption af.d in form af.d made little regarding but evilly and fraudulently
intending the same James in that part Craftily and Subtilly to deceive and defraud the af.d
one thousand and fifty Cypress boards or any of them to the same James hath not as yet
                                                                                                                                  paid


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Somerset County Judicial Records, 1737-1738
Volume 859, Page 150b   View pdf image
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