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Somerset County Judicial Records, 1740-1742
Volume 861, Page 138b   View pdf image
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                   June Court                                  1741                       138

of trespass upon the Case &c

                         And Whereupon the said John Purnall by Geo Douglas his Attorney Complains that whereas the said Johnson in his
life to wit on the xxiv day of march Anno Dom MDCCXXvij at the County af.d was indebted to the said John in twelve
hundred pounds of tobacco for so much tobacco by the said John at the Especiall request and Instance of the said Johnson to Joshua
Caldwell before that time paid and so being thereof Indebted afterwards to wit on the day and year af.d at the County af.d on Consideration
thereof upon himself did assume and to the said John then and there faithfully promise that he the said Johnson the said twelve
hundred pounds of tobacco when he should be afterwards thereto required he would faithfully pay and Content  Nevertheless the
said Johnson in his life or the said Hutton since the death of the said Johnson the promise af.d of the said Johnson in form af.d
made not regarding but each of them minding and fraudulently intending the said John in that part Craftily to deceive
and defraud the said Johnson in his life and the said Hutton since the said Johnsons death or either of them the said tobacco
to the said John have not paid or him for the same in any Sort hitherto Contented but that to doe altogether have refused and
the said Hutton still doth refuse altho the said tobacco the same John to pay the said Johnson in his life afterwards to wit on the
day and year af.d at the County af.d and the said Hutton since the death of the said Johnson to wit on the first day of November
Anno Dom MDCCXL at the County af.d and often since that time by the said John were required whereupon the said John says
he is damnified twenty pounds Curr.t money of Maryland and thereof he brings Suit &.c      Pledg.s &.c J Doe  R Roe

                   A Copy of the foregoing declaration was made and sent to be served on the def.t in order for a speedy tryall

             Att which day here Came the af.d John Purnall by his Attorney af.d and the sheriffe to witt John Handy Gent now here returned
that he had taken the af.d Hutton Hill whose body here at this day he had ready to answer the af.d John of the af.d plea  And further
the said sher returned that he had served the af.d Hutton with a Copy of the foregoing declaration According to act of Assembly in such
Case provided &c         And the af.d Hutten by William Arbuckle his Attorney Comes and defends the force and Injury when &c
and saith ^that^ the af.d John his Accon af.d ^agt^ him to have and maintain ought not because he saith that the af.d Johnson in his life did not
assume upon himself at any time within three years before the Impetration of the Originall writ of him the same John in
manner and form as he the af.d John above against him hath Complained and this he is ready to Verifie whereupon the same Hutton
prays Judgment if the af.d John his Accon af.d against him ought to have

             Whereupon the said John Purnall 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 Hutton here also &c

                Att which day here Came again as well the af.d John Purnall as the af.d Hutton Hill by their Attorneys af.d  And whereupon
the aforesaid Hutton prays that the af.d John Purnall to the plea of him the same Hutton may reply thereupo it is said
to the same John by the Court here that he reply to the plea af.d at his perill but the same John altho' solemnly Called Came not nor to
the plea af.d of the same Hutton replyed nor is his writ af.d against the af.d Hutton further prosecuted

          Therefore it is Considered by the Court here that the af.d John Purnall take nothing by his writt af.d but that he and his
pledges of prosecuting to witt John Doe and Rich.d Roe are in mercy and that the af.d Hutton Hill goe thereof without day &.c  And
                                                                                                                                                                                           further


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 138b   View pdf image
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