Volume 861, Page 126b View pdf image |
June
Court
1741
126 when &.a and prayeth Leave thereof to Imparle here untill next Court to be held at dividing the third tuesday of March then next Following and he hath it and the same day is given to the John here also &.a Att which day here Came againe as well the af.d John Wildman as the af.d Archibald M.ccNeal by their attornys af.d And Whereupon the said Archibald M.cNeal prays further 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 John here also &.a Att which day here Came againe as well the af.d John Wildman as the af.d Archibald M.cNeal by their attorneys af.d and Whereupon the said Archibald M.ccNeal as before defends the force and Injury when &.a and says that he did not assume upon himself in manner and form as the said John above against him hath Complained and of this he puts himself on the Country and the af.d John in Like manner And the said Archibald by Leave of the Court here and according to the form of the statute in that Case lately made and provided further says that the said John Wildman his action af.d against him to have and maintain ought not because he says that the said after the promise and assumption af.d in the decleration af.d supposed to be made and before the Impetration of the originall writ of him the said John to witt to witt on the Eleventh day of September Anno Dom MDCCXL at the County of Somerset the said John and the said Archibald accounted together for all sums of money due from the said Archibald to the John or from the said John to the said Archibald and of all other matters and things Chargeable in account preceding that time and on that account the said John was found in arrearages toward the said Archibald in the sum of four pounds eighteen shillings and one peny Currt money of maryland which sum of money Last af.d the said John then and there promised to pay to the said Archibald in full of all matters Chargeable in account between the said John and Archibald before the time of accounting af.d and this he is ready to Verifie Whereupon he prays Judgment if the said John his action af.d against him to have and maintain ought And the said Archibald by Leave of the Court here and according to the form of the statute in that case lately made and provided further says that the said John his action af.d against the said Archibald to have and maintain ought not because he says that after the promise and assumption af.d in the decleration af.d supposed to be made and before the Impetration of the original writ of him the said John to wit on the xi day of September Anno Dom MDCCXL at the County af.d the said John and the said Archibald did mutually submit all matters of account which either had against the other before that date to the settlement and arbitrament of James Martin Gent which said James afterwards to wit on the day and year af.d at the County af.d took upon him the burden of settling and arbitrating the premisses between the said John and the said Archibald and the said Archibald in fact says that the said James Martin on a full hearing of the said Parties their allegations and evidence did on the day and year last af.d at the County af.d award that there was due from the said John to the said Archibald the sum of four pounds eighteen Shillings and one penny Currt money of maryland and that the |
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Volume 861, Page 126b View pdf image |
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