Volume 859, Page 76b View pdf image |
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June Court
1737
76 and who neither &c to recognize &c because as well &c and the same day is given to the parties afd here &c and the Jurors of that Same Jury by Joseph McClester Gent Sheriffe of the County afd to this Impannelled being Called Came to witt Thomas Dixon James Nairne Thomas Williams Jun.r Robert Mitchell Solomon Long John Webb Francis Crowder William Jones Joseph Gillis William Fasit Thomas Perkins William McClemmey who to Say the truth of the premisses afd being duely Elected tryed & Sworn upon their Oath do Say that the afd Thomas Tate in his Life time did assume upon himselfe in manner and form as the afd Benjamin Hayman above against her hath Complained and assessed the damages of the same Benj.a by Occasion of the non performance of the promise and assumption afd beyond his Costs and Charges by him about his suit in that part apposed to three pounds Seven Shillings and Eleven pence Curr.t money of Maryland and for those Costs and Charges to One pound of tobacco Therefore it is Considered that the afd Benjamin Hayman Recover against the afd Mary Tate Exrx of the same Thomas Tate dec.d the damages afd by the Jurors afd in form afd assesses as also Six hundred 640 and Sixty two pounds of tobacco for his Costs and Charges afd to the same Benjamin by the Court here of his assent ^of Increases^ adjudged which same damages in the whole do amount to three pounds seven shill.s and Eleven pence Curr.t money of maryland & Six hundred and Sixty three pounds of tobacco to be Levied of the goods and Chattells which were of the afd Thomas Tate at the time of his death in the hands of the afd Mary remaining to be adminstred if so much thereof in her hands she hath and if so much she hath not than the Costs and Charges afd to be Levied of the proper goods and Chattells of the same Mary and the afd defend.t in mercy &c
Creek the third Tuesday of November Anno Dom One thousand Seven hundred and thirty Six to answer unto John Darby of a plea of trespass upon the Case &c and that thereof he should not fail &c Att which day here before the Justices of his Lordships County Court of Somerset at dividing Creek Came the said John Darby by the af George Douglas his attorney and the Sheriffe of the same County to witt Joseph McClester Gent at the same day here returned that he had taken the afd Whittington Johnson whose body here at this day he had ready to answer unto the afd John Darby of the aforesaid Plea as to him it was Commanded Whereupon a Certain William Gray of Nanticoke hundred in sumerset County planter present herein Court in his proper person before the Justices afd undertook for the said Whittington Johnson and assumed upon himselfe Likewise the Same Whittington Johnson present |
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Volume 859, Page 76b View pdf image |
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