Volume 859, Page 18 View pdf image |
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March Court
1736
18 And the af.d William Wye Jun.r by Charles Goldsborough his attorney Cometh and defendeth the force and Injury when &c and saith that he cannot deny the Action of the af.d of the af.d Richard Gildart not but ^that^ the writing obligatory af.d is the deed of the same William Wye Jun.r nor but that he oweth the same Rich.d Gildart the af.d twenty two thousand four hundred and fifty pounds of Merchantable tobacco in manner and form as ^the^ af.d Richard above against him declared Therefore it is Considered that the af.d Richard Gildart recover against the af.d William Wye Jun.r his debt af.d and his damages by Occasion of the detaining of the same debt to 281 pounds of tobacco to the same Richard Gildart of his assent by the Court here adjudged and the af.d William Wye Jun.r in mercy &c
and Battery to the great damage of the same Edward as was therein alledged on the tryal whereof the same Edward recovered a verdict and Judgment against your petitioner for nine hundred pounds of tobacco or some other sum of tobacco within the Cognizance of this Court for damages by Occasion of the same premisses your petitioner further sheweth that he is advised the verdict and Judgement af.d are contrary to the Rules of equity and good Conscience your petitioner therefore humbly prays your worships will proceed to enquire into the same as a Court of equity and that Subpena may Issue against the said Edw.d Harper to answer the premisses af.d and that your worships will make such order and decree therein as shall be agreable to equity and good Conscience and he will pray &c Thereupon Command was given to the Sheriff of Somerset County that he Should Cause to Come the said Edw.d Harper if &c to answer &c And afterwards to witt the Eighteenth day of Novem Anno Dom One thousand and thirty five before the Justices of his Lordships County Court of Somerset now here held at dividing Creek in the Same County Came the said Edward Harper by George Douglas his attorney and prays Leave thereof to Imparle hereuntill ^next Court to be held at dividing Creek^ the third tuesday of March anno Dom One thousand Seven hundred & thirty five and he hath it and the same day is given to the afd Patrick here also &c Att which day here Came againe as well the afd Patrick Daley by William Beckingham his attorney as the afd Edward Harper by his attorney aforesaid And whereupon the same Edward Harper prayeth |
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Volume 859, Page 18 View pdf image |
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