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Somerset County Judicial Records, 1737-1738
Volume 859, Page 290   View pdf image
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June Court            1738             290

Att which day here Came againe as well the af.d Whittington
as the af.d Capell by their attorneys af.d and ^whereupon^ the af.d Capell as
before defends the force and Injury when &a and says that the said
Whittington King his accon thereof against him to have and
Maintain ought not because he says that he the said Capell hath
fully administred all and Singular the goods and Chattles which
were of the said Benj.a King at the time ^of his death & that he hath not nor at the time^ of the Impetration
of the original writ of him the said Whittington King nor ever
afterwards had he any goods or Chattles which were of the said
Benj.a King at the time of his death in his hands to be administred
whereof he the said Capell the debt af.d or any part thereof to the
said Whittington King could pay and this he is ready to verify

Whereupon he prays Judgment if the said Whittington King
his accon af.d against him the said Capell to have and maintain
ought            And whereupon the afd Capell King prays that the afd Whittington
to the plea ^afd^ of him the same Capell may reply whereupon day is given by the Court
now here to the afd Whittington to reply to the ^afd^ plea of the afd Capell and it is said
to the same Whittington by the Court now here that he at the same day reply at which
day the afd Whittington altho' Solemnly Called Cometh not nor to the plea afd of
the same Capell replyeth nor is his writt and declaration afd against the same Capell
further prosecuted
                                           Therefore it is Considered by the Court here that the afd
Whittington King take nothing by his writt and declaration afd but that he and his pledges
of prosecuting to witt John Doe and Richard Roe be in mercy and that the afd Capell King
Executor of the afd Benj.a King goe thereof without day &a and further it is Considered
that the afd that the afd Capell recover against the afd Whittington King
3?5                                                 pounds of tobacco for his Costs and Charges by him about
his defence afd in that part sustained to the same Capell by the Court now here according to the form
of the Statute in Such Case thereupon lately made & provided adjudged & that ye same Capell have thereof his Exn &a


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Somerset County Judicial Records, 1737-1738
Volume 859, Page 290   View pdf image
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