Volume 861, Page 13b View pdf image |
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August Court
1740
13 by the same Smith was requested but the same to him to pay or for the same in Any Sort to Content the af.d James hetherto altogether hath refused and still doth refuse to the damage of him the said Smith Ten pounds Sterling and thereof he brings suit Pledg.s &.a J Doe & R Roe D.r M.r James Scott To Smith Horsey 1739 19 Ap.r To 5 barrells pork @ £1..10/0 Ster p bar.l £7..10 To 3 empty Cask @ 3/paper pps £0..15..0 Errors Excepted p Smith Horses Be it remembred that on the 26th of November 1739 Came the above Smith Horsey and proved the above Account According to words of the Act of Assembly before the Subscriber Th.o Williams And the af.d James Scott by Geo Douglas his Attorney Cometh and defendeth the force and Injury when &c 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 Smith here also &c Att which day here Came again as well the af.d Smith Horsey as the af.d James Scott by their Attorney af.d and hereupon the said James 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 Smith here also &c Att which day here Came again as well the af.d Smith Horsey as the af.d James Scott by their Attorneys af.d and whereupon the said James as before defends the force & Injury when &c And says that he did not assume upon himself in manner and form as the said Smith above against him hath Complained and of this he puts himself upon the Country and the af.d Smith in like manner Therefore it is Command^ed^ the sheriffe that Immediately he should Cause to Come here before his Lordships Justices at a Court then held at dividing Creek Twelve &.a by whom &.a and who neither &.a to recognize &.a because as well &.a and the Jurors of that Same Jury thereof Impannelled being Called Came and hereupon the aforesaid James relinquisheth his verification aforesaid by him above alledged and Saith that he Cannot deny the Action af.d of the af.d Smith Horsey nor Can he say but the did Assume upon himself in manner and form as the af.d Smith Horsey above against him hath Complained and as to the damage of the same Smith by him by Occasion of the premisses in that part Sustained the same James Scott saith and acknowledgeth that the af.d Smith hath Sustained damages by occasion of the premisses beyond his Costs & Charges by him about his Suit in that part apposed to seven pounds ^tenn Shillings^ Sterling and not more and because the af.d Smith denyes 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 & Therefore by Consent of the parties af.d it is Considered that the af.d Smith Horsey recover against the af.d James Scott his damages af.d to the af.d seven pounds ^tenn Shillings^ sterling by the same James in form af.d acknowledged as also 525 pounds of tobacco for his Costs and Charges af.d to the same Smith 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 seven pounds ^tenn Shillings^ Sterling and pounds of tobacco & the af.d James in Mercy &c |
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Volume 861, Page 13b View pdf image |
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