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March Court
1737
238 Thereupon it is Commanded the Sheriffe of Somerset County that Immediately he Should Cause to Come here before his Lordships Justices Twelve &a by whom &a and who neither &a to recognize &a because as well and the Jurors of that Jury by the afd sheriffe to witt John Henry Gent to this Impannelled to witt Edmond Hough Thomas Dixson Isaac Marshall Robert Mitchell Richard Brooks William Venables John Fleming John Roach James Strawbridge Solomon Long Nathaniel Waller & Paris Chipman being Called Came Who to Say the truth of the premisses afd being Elected tryed and sworn upon their Oath Say that the aforesaid Benjamin Townsend did assume upon himselfe in manner and form as the aforesaid Day Scott above against him hath Complained and assessed the damages of the Same Day further than his Costs and Charges by him about his Suit in that apposed to three pounds Curr.t money of Maryland and for those Costs and Charges to one pound of tobo Whereupon the said Benjamin Townsend saith Judgment on the verdict aforesaid ought not to be rendered because he Saith that the declaration and the matter therein Contained is not Sufficient in Law to maintain the action Whereupon all and Singular the premises being Seen and by the Court here fully understood and mature deliberation thereupon had it seemeth to the Justices here that the declaration aforesaid and the matter therein Contained are Sufficient in Law for to Support Judg.t on the verdict afd so as afd rendered by the Jurors afd on behalfe of the afd Day Scott against him the said Benjamin Townsend Therefore it is Considered that the afd Day Scott recover against the afd Benjamin Townsend the damages afd by the Jurors afd in form afd assesses as also 1257 pounds of tobacco for his Costs and Charges afd to the same Day Scott by the Court here of his assent of Increase adjudged which Certain damages in the whole amounts to three pounds Curr.t money of Maryland and pounds of tobacco and the afd Benjamin in Mercy &a Whereupon the said Benjamin Townsend prays the Court here ^that further proceedings may be stayed against him on the Judgmt above and that they would^ dissolve themselves into a Court of Chancery and that they would proceed to determine the premisses above between him and the afd Day in Equity according to act of assembly in Such Case provided which is unto him Granted he first giveing security to the afd Day Scott as well to answer the Damages Costs and Charges abovesaid as all Costs Charges and Damages that might or Should be adjudged In Equity In case the Court of Chancery should decree the same &a Whereupon a Certain Joseph Dashiell of Somerset County planter present herein Court in his proper person undertook for the said Benjamin Townsend and assumed |
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Somerset County Judicial Records, 1737-1738
| Volume 859, Page 238b View pdf image |
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