Volume 859, Page 277 View pdf image |
June Court
1738
277 af.d upon himself did assume and to the said Duncan then and there faithfully did promise to pay the said sum in the said note mentioned according to the tenor of that note Nevertheless the said Charles his promise and assumption af.d in form af.d made nothing regarding but minding and fraudulently intending the said Duncan in that part Craftily and subtilly to deceive and defraud the said sum in the said note mentioned hath not paid or him for the same in any sort contented but the same to him to pay hitherto hath altogether refused and still doth refuse altho' thereto afterwards to witt on the second day of January in the year last af.d at the County af.d and often since that time by the said Duncan required Whereupon the said Duncan says he is damnifyed ten pounds Currt money of Maryland and thereof he brings suit &.a Pledges &a John Doe & R Roe A Copy of the foregoing declaration was made and Sent to be Served on the deft with the writt aforesaid according to act of assembly in Such Case provided Att which day here before his Lordships Justices at a Court then held at dividing Creek Came the afd Duncan Murray by his attorney afd and the Sheriffe of Somerset County to witt John Henry Gent now here returned that he had taken the afd Charles Rackliffe whose body here at this day he had ready to answer the afd Duncan of the afd plea as to him it was Commanded and further the same Sheriffe returned that he had Served the same Charles Rackliffe with a Copy of the declaration afd according to act of assembly in Such Case provided &.a Whereupon Came hereinto Court before the afd Justices a Certain John Bowen of Somerset County planter in his proper person and undertook for the afd Charles Rackliffe and assumed upon himselfe (Likewise the same Charles Rackliffe present herein Court assumed upon himselfe) that if it Should happen that Judgment in the plea afd should be rendered for the same Duncan against him the same Charles Rackliffe or that the same Charles should be therein Convict that then he the said Charles should pay and satisfie unto the said Duncan the Judgment of the Court thereupon |
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Volume 859, Page 277 View pdf image |
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