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June Court
1737
77 present here in Court in his proper person assumed upon himselfe) that if it should happen that Judgment in the plea afd in the same Court should be rendered for the same John Darby against him the said Whittington Johnson or that he the said Whittington should be therein Convicted that then he the said Whittington shall pay and satisfie unto the said John Darby the Judgment of the Court thereupon or render his body in Execution of Such Judgment to the prison of the Sheriffe of the County afd there to remaine untill the Same Judgment be fully Satisfied or that the said William Gray will do the same for him And where upon the same Whittington Johnson puts in his place Robert Jenckins Henry attorney at Law against the afd John Darby of the afd plea Whereupon at the request of the parties day is given to the parties afd before the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third Tuesday of March then next following In the state wherein they now are serving to the parties afd &c Att which day here Came as well the afd John Darby as the afd Whittington Johnson by their attorneys afd and hereupon the said John Darby declared against the said Whittington Johnson in the plea aforesaid in form following Somerset ss.t Whittington Johnson Late of Somerset County planter was attached to answer unto John Darby of a plea of trespass upon the Case &c And whereupon the said John by George Douglas his attorney Complaines that whereas the said Whittington after the first day of may anno Dom MDCCV to witt on the ninth day of November ann Dom MDCCXXXV at somerset County afd makes his Certain note in writing Called a promissory note with his proper hand subscribed bearing date the day and Year Last mentioned and the said note to a Certain Andrew Sprowl and Archbald Taylor then and there did deliver by which note the said Whittington did promise to pay to the said Andrew and Archibald or their Order One hundred twenty nine and one halfe Bushells of Indian Corn at the town of Elisabeth on or before the first day of June next after the date of the said Note for value received and the afd Andrew and Archibald afterwards to witt the day and Year Last Mentioned at the County afd the afd One hundred twenty nine and one halfe bushells of Indian Corn or any part thereof not being paid or satisfied by a Certain Indorsment upon the said note made and with the proper hands of the said Andrew and Archibald subscribed did order and appoint the afd one hundred & and Twenty Nine and one halfe bushells of Indian Corn in the note afd mentioned to be paid to the said John Darby of which Indorsment the said Whittington afterwards to witt the day and Year Last Aforesaid at the County afd had notice by means whereof and by force of the statute in that Case Lately made and provided the afd Whittington became Chargeable to pay to the said John Darby the afd one hundred twenty |
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Somerset County Judicial Records, 1737-1738
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