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March Court
1736
16 A Coppy of the foregoing declaration was made & sent to be served on the deft with the Writt aforesaid Att which said Third Tuesday of March to witt the fifteenth day of the Same month Ann.o Dom One thousand seven hundred and thirty Six before the Justices of his Lordships County Court of Somerset at dividing Creek Cometh the said William Sandwith by his attorney afd and the Sheriffe of the same County returned that he by vertue of the writt afd to him thereof directed he had taken the body of the afd Ebenezer Crapper whose body he had her ready as by the writt afd he was Commanded and Likewise the same Sher returned here that he had Served the same deft with a Copy of the foregoing declaration according to act of assembly in Such Case made & provided &.a And afterwards the same day Came here before the afd Justice Edward Rownd of Somerset County Gent in his proper person and undertook for the same Ebenezer Crapper and assumed upon himselfe (Likewise the Same Ebenezer Crapper present herein Court in his proper person assumed upon himselfe) that if it Should happen that Judgment in the plea afd in the Same Court Should be rendered for the Same William Sandwith against him the Said Ebenezer or that he ye said Ebenezer should be therein Convicted that then he the said Ebenezer shall pay and satisfie unto the afd William the Judgm.t of the Court thereupon or render his body in Execution of Such Judgm.t to the [illegible] of the Sheriffe of the County afd there to remain till the ^same^ Judgm.t be satisfied unto the same William or that he the said Edward Rownd will do the Same for him And the afd Ebenezer Crapper in his proper person Cometh and defendeth the force and Injury when &c and saith that he Cannot deny the action afd of the afd William Sandwith nor but that he did not assume upon himselfe in manner and form as the afd William above against him hath Complained and as to the damage of the Same William by him by occasion of the premisses in that part Sustained ^the^ said Ebenezer saith and acknowledgeth that the afd William hath Sustained damages by occasion of the premisses beyond his Costs and Charge by him about his suit in that part apposed to Seven pounds Curr.t money of Maryland and not more and becaus the afd William denys not this but the Same allegation believes to be true prays Judgment and those damages above acknowledged together with his Costs and Charges afd to him to be adjudged &c Therefore by Consent of the parties afd it is Considered that the afd William Sandwith recover against the the afd Ebenezer Crapper his damages afd to the afd Seven pounds Curr.t money of maryland in form aforesaid acknowledged as also three hundred and sixty 338 pounds of tobacco for his Costs and Charges afd to the same William at his request by the Court here of the assent of the parties afd adjudged which damages in the whole do amount to Seven pounds Curr.t money of Maryland & three hundred and Sixty pounds of tobacco and the afd deft in Mercy &c |
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Somerset County Judicial Records, 1737-1738
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