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

Att which day here Came againe as well the af.d William Ellegood as the af.d Heber Whittingham
by their attorneys afd  And Whereupon the same Heber as before defends the force and Injury when &.a
and says that he did not assume upon himself in manner and form as the af.d William above against
him hath Complained and of this he puts himself upon the Contray      And the plantiffe also

And Whereupon afterwards in the same Court the af.d Heber Whittingham Relinquisheth his
Verification af.d by him above pretended and saith that he Cannot deny the action af.d of the af.d William
Ellegood nor Can he say but that he did assume upon himself in manner and form as the af.d William
Ellegood above against him hath Complained and as to the damage of the same William by him by
Occasion of the premisses af.d in that part Sustained the same Heber Whittingham saith and acknowledgeth
that the af.d William hath sustained damages by Occasion of the premisses beyond his
Costs and Charges by him about his suit in that part apposed to thirty eight pounds Currt money
of maryland and not more and because the af.d William denys not this but the same Allegation
grants to be true prays judgment for those damages above acknowledged together with his Costs
and Charges af.d to him to be adjudged &.a

                     Therefore by Consent of the parties af.d it is Considered that the af.d William
       Ellegood Recover against the af.d Heber Whittingham his damages af.d to the af.d thirty
eight pounds Currt money of maryland by the same Heber in form af.d acknowledged as also four
414   hundred and fourteen                          pounds of tobacco for his Costs and Charges af.d to the
same William at his request by the Court now here of the assent of the parties af.d adjudged which
Certain damages in the whole amounts to thirty eight pound Currt money of maryland and four
hundred and fourteen                               pounds of tobacco and the af.d Heber in mercy &.a



RH  Smith Horsey
            ag.t
GD  James Scott

     Command was given to the sheriffe of Somerset County that he should take James Scott late
of Somerset County Merchant if he should be found in his bailywick and him should safe keep so
that he might have his body before the Justices of his Lordships County Court of Somerset to be held
at dividing Creek in the same County the third tuesday of November Anno Dom one thousand seven hundred and thirty nine to
answer unto Smith Horsey of a plea of trespass upon the Case &.a  And the same day is given to the af.d Smith here &a

                Att which day here Came the af.d Smith Horsey by Robert Jenckins Henry his Attorney and the sheriffe to wit
John Henry Gent now here returned that he had taken the af.d James Scott whose body here at this day he had ready to
Answer the af.d Smith Horsey of the af.d plea as to him it was Commanded                                    Whereupon


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