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June Court
1737
80 And the afd John Asson in his Own proper person Cometh and defendeth the force and Jury when &c and prayeth Leave thereof to Impale here untill the third Tuesday of November then next ^following^ and he hath it and the same day is given to the afd Mathias here also &c Att which day here Came againe as well the afd Mathias Gale as the afd by his attorney afd as the afd John Asson in his proper person and whereupon the same John prays further Leave thereof to Imparle hereuntill the third Tuesday of March then next following and he hath it and the same day is given to the afd Mathias ^here^ also &c Att which day here Came againe the said Mathias Gale by his attorney afd and prays that the same John Asson to his declaration afd may answer but the same John says nothing in barr or preclusion of the action afd of the afd Mathias by which the Same Mathias remaineth against the afd John thereof undefended for which the same Mathias his damages by occasion of the Non performance of the promise and assumption afd ag.t the same John ought to recover but because it is not known unto the Justices of his Lordships County Court of Somerset here what damages the same Mathias in that part hath sustained Therefore it is Commanded the sheriffe that by the oath of honest and Lawfull men of his County he diligently Enquire what damages the same Mathias hath sustained as well by occasion of the non performance of the promise and assumption afd as for his Costs and Charges by him about his suit in that part apposed and the Inquisition which thereupon he should take he make appear to the Justices of his Lordships County Court of Somerset to be held in the Court hous at dividing Creek in the Same County the third tuesday of June then next following under his seal and the Seals of those by whose oath he take that Same Inquisition he send together with his Lordships writt thereof to him directed and the same day is Given to the afd Mathias there &c Att which day here before the Justices of his Lordships County Court of Somerset at dividing Creek Came the afd Mathias Gale by his attorney afd and the Sheriffe to witt Joseph Macclester Gent returned a Certain Inquisition before him at the house of Thomas Dashiell in White haven Town in the County afd on the ninth day of aprill one thousand seven hundred and thirty seven by the Oath of honest and Lawfull men of his County taken by which it is found that the afd Mathias hath Sustained damages by occasion of the Non performance of the promise & assumption afd to Twenty Seven pounds Six Shillings and Six pence Curr.t money of Maryland 572 Therefore it is Considered that the afd Mathias Gale Recover against the afd John 1282 Asson his damages afd by the Inquisition afd found also one thousand two hundred and Eighty |
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Somerset County Judicial Records, 1737-1738
| Volume 859, Page 80 View pdf image |
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