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Somerset County Judicial Records, 1740-1742
Volume 861, Page 12   View pdf image
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    August Court                   1740              12

Attorneys af.d and hereupon the said William Ellegood declared against the af.d Heber
Whittingham in the plea af.d In form Following               Somerset ss Heber Whittingham Late
of Somerset County Inholder was attached to Answer unto William Ellegood of a plea of trespass
upon the Case &.a
                                     And Whereupon the said William by George Douglas his attorney
Complains that whereas the said Heber after the first day of May Anno Dom MDCCV to witt
on the first day of July Anno Dom MDCCXXVIIJ at the County af.d did make his Certain note
in writing called a promissary with the proper hand of the said Heber Subscribed and the said
note to the said William Ellegood then and there did deliver by which note the said Heber did
promise to pay the said William or his order the sum of forty pounds Currant money of maryland
by means whereof and by force of the statute in that Case lately made and provided the said Heber
became Chargeable to pay to the said William the said forty pounds according to the tenor
of that note and so being thereof Chargeable the said Heber afterwards to witt the day and year
Last af.d at the County af.d in Consideration thereof promised to pay the said forty pounds to the
said William according to the tenor of that note  Nevertheless the said Heber his promise and
assumption af.d in form af.d made not regarding but minding and fraudulently Intending
the said William in that part Craftilly and Subtilly to deceive and defraud the said forty pounds
according to the tenor of the said note hath not paid or him for the same in any sort hitherto
Contented but that to do altogether hath refused and still doth refuse altho thereto afterwards
to witt on the first day of August in the year last af.d at the County af.d and often since that time
by the said William required  Whereupon the said William says he is damnifyed Sixty pounds
Currt money of maryland and thereof he brings suit &.a
                                                                                                    Pledges &.a J Doe & R Roe

       And the af.d Heber Whittingham by Robert Jenckins Henry his attorney Cometh and
defendeth the force and Injury when &.a and prayeth Leave thereof to Imparle here untill next Court
to be held at dividing Creek the third tuesday of June then next following and he hath it and the
same day is given to the af.d W.m here also &.a

Att which day here Came againe as well the af.d William Ellegood as the af.d Heber Whittingham
by their attorneys af.d  And Whereupon the said Heber prays further Leave thereof to Imparle
here untill next Court to be held at dividing Creek the third tuesday of August then next following
and he hath it and the same day is given to the af.d William here also &.a
                                                                                                                                           Att


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 12   View pdf image
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