Volume 859, Page 153b View pdf image |
November Court
1737
153 A Copy of the foregoing declaration was made and sent to be served on the def.t with the writt af.d according to act of assembly in such case made and provided &.a Att which say here before the Justices of his Lordships County Court of Somerset at deviding Creek Came the af.d John Lewis by Geo: Douglas his attorney and the sherriffe to witt John Henry Gent at the same day here returned that he had taken ^the said^ William Kitchen whose body hereat this day he had ready to answer the af.d John Lewis of the af.d plea as to him it was Commanded and the same shrriffe further returned that he had served the same William Kitchen with a Copy of the declaration af.d according to the act of assembly in such case made and provided &.a Whereupon Came hereinto Court Peter Taylor late of Somerset ^County^ planter in his proper person before the af.d Justices at deviding Creek and undertook for the same W.m Kitchen and assumed upon himself (Likewise the said William Kitchen present herein Court in his proper person assumed upon himself) that if it should happen that Judgmt in the plea af.d should be rendred for the same John against him the said William or that he the said William should be therein Convicted that then the said William should pay and satisfie unto the said John the Judgment of the Court thereupon or render his body in execution of such Judgment be fully satisfyed or that he the same Peter will do the same for him &.a And Whereupon the af.d William Kitchen by William Beckingham his attorney Comes and defends the force and Injury when &.a and saith that he Cannot deny the action af.d of the af.d John Lewis nor but that he did assume upon himself in manner and form as the af.d John Lewis above against him hath Complained and as to the damage of the same John by him by occasion of the premisses beyond in that part sustained the same ^William^ John saith and acknowledgeth that the af.d John hath sustained damages by occasion of the premisses beyond his Costs and Charges by him about his suit in that part apposed to thirty two pounds thirteen shillings and five pence half peny sterling and not more and because the af.d John denys not this but the same alligation beleives to be true prays Judgment for those damages above acknowledged together with his Costs and |
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Volume 859, Page 153b View pdf image |
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