Volume 861, Page 122 View pdf image |
June Court
1741
122 Impetration of the Original writ of them the said Leonard and Joyce in this action did not assume upon himself in manner and form as the said Leonard and Joyce against against him have Complained and this he is ready to Verifie Whereupon he prays Judgment if the said Leonard and Joyce their action af.d against him to have and maintain ought And as to the af.d Last plea of the af.d John and as to the promise and assumption in the decleration af.d Specified the same Leonard and Joyce say that they by any thing in the af.d Last Plea of the af.d John Prealledged their action af.d from haveing to be precluded ought not because they say that the said John Purnall within three years next before the Impetration of the writt Original of them the said Leonard and Joyce did assume upon himself in manner and form as the same Leonard and Joyce against him the said John have Complained and of this they pray may be Inquired of by the Country And the af.d John Purnall Jr in Like manner Whereupon the parties aforesaid present here in Court in their proper persons Submitted their dispute in this Cause to the arbitrament and final determination of James Martin William Arbuckle and Francis Allen of Somerset County Gentlemen or any Two of them and it is agreed by and between the parties aforesaid that the aforesaid arbitrators or any two of them publish their arbitrament in writing from under their hands and seals Immediately to the Justices of his Lordships County Court of Somerset now held at dividing Creek that the same Justices may proceed thereon to Judgment against either of the parties afd as if the Same Cause were determined by the Court And further it is Ordered by the Court here that the Submission afd in manner and form aforesaid made according to the form and Effect of the Statute in that Case Lately made and provided be entered and made a rule of this Court on the motion of the parties aforesaid And afterwards in the Same Court Came the arbitrators aforesaid and made return of their arbitrament in the premisses aforesaid between the parties aforesaid in manner Following Pursuant to the Submission of Leonard Johnson and his wife plantiffs and John Purnall Jun.r defend.t wee the Subscribers do award order and decree that the said John Purnall pay to the said Leonard Johnson Ten pounds Currant money of Maryland with Costs given under our hands and Seals this Eighteenth day of June 1741 W.m Arbuckle (seal) Jas Martin (+) Fran Allen (+) which award being seen by the Court here and fully understood It is Considered by the Court here that the aforesaid Leonard Johnson and Joyce his wife Recover against the aforesaid John Purnall J.r the aforesaid Tenn pounds Currant money of maryland their damages af.d by the arbitrators aforesaid in 804 form aforesaid found as also pounds of tobo for their Costs and Charges aforesaid to the same Leonard and Joyce his wife by the Court now here of their assent adjudged and the aforesaid John Purnall Junr in mercy &c
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Volume 861, Page 122 View pdf image |
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