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November Court
1737
166 the said Wrixham as before defends the force and Injury when &.a and says that the said Robert his action aforesaid against the said Wrixham to have and mainetaine ought not because he says that on the Eighteenth day of March Ann Dom seventeen hundred thirty and four at the County of Somerset af.d he paid to the said Robert the af.d three pounds one shilling and three pence and two hundred and forty pounds of Tobacco in the declaration af.d mentioned and this he is ready to verifie where upon he prays Judgment if the said Robert his Action af.d against him to have and maintain ought &.c And the aforesaid Robert saith that by any thing by the said Wrixham in his plea af.d above alledged from having and maintaining his Action af.d against him the said Wrixham to be barred ought not because he saith that he the said Wrixham on the Eighteenth day of March Ann Dom seventeen hundred and thirty four at the County of Somerset af.d did not pay to the said Robert the af.d three pounds one shilling and three pence and two hundred and forty pounds of Tobacco in the said Roberts decl.n mentioned in manner and forme as the said Wrixham above in his plea hath alledged and this he prays may be Inquired of by the Country &.a And the said Wrixham in like Manner Thereupon it is Commanded the Sheriffe of Somerset County that Immediately he Should Cause to Come here before the afd Justices at dividing Creek Twelve &.a by whome &a and who neither &a to recognize &a because as well &a and the Jurors of that same Jury by the afd Sheriffe to witt John Henry Gent to this Impannelled being Called Came to witt John Dennis Jun.r Isaac Williams Samuel Handy Benjamin Holland John Perkins George Tull Nehemiah Holland John Price Jonathan Bounds Joshua Atkinson Joshua Caldwell and Thomas Peal who to say the truth of the premisses afd being duely Elected tryed and Sworn upon their oath say that the said Wrixham had paid unto the afd Robert ^Bolton^ Porke Barrells to the Value of thirty Shillings Curr.t money of Maryland and two shillings and six pence Curr.t money for the transportation of the same Barrells in all thirty two Shillings and Six pence Curr.t money of Maryland towards Satisfying of the Judgm.t afd as the same Wrixham by his plea afd above alledged For as much as it appears to the Court here that the remaining part of the Judgment afd that was not satisfyed being not within the Jurisdiction of this Court to give Judgm.t on the verd.t aforesaid for the said Robert Therefore it is Considered that the ^afd^ Robert Bolton take nothing by his writt afd but be in mercy for his false Clamour and that the afd Wrixham goe thereof without day and further it is Considered that the afd Wrixham Crapper recover against the afd Robert Bolton 808 for his Costs and Charges by him about his defence in that part sustained to the same Wrixham by the Court here according to the form of the Statute in such Case thereof made and provided of his assent adjudged and that the afd Wrixham have thereof Execution &a |
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Somerset County Judicial Records, 1737-1738
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