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August Court
1741
160 Costs and Charges af.d to the same Francis by the Court now here of his assent Adjudged and the af.d Peter in mercy &.a
Johnson of a plea of trespass upon the Case &.c and the same day is given to the af.d James here &c Att which day here Came the af.d James Johnson by George Douglas his Attorney and the sheriffe to witt John Handy Gent now here returned that he had taken the af.d Jarvis Ballard whose body here at this day he had ready to answer the af.d James Johnson of the af.d plea as to him it was Commanded Whereupon the af.d Jarvis Ballard puts in his place William Arbuckle Gent Attorney at Law against the af.d James Johnson of the af.d plea And thereupon at the request of the parties af.d day is to them now here given untill next Court to be held at dividing Creek in and for the County af.d the third Tuesday of March then next Following in the Same State as at present saveing to the parties af.d &c Att which day here Came again as well the af.d James Johnson as the af.d Jarvis Ballard by their Attorneys af.d And hereupon the said James Johnson Complained against the af.d Jarvis Ballard in the plea af.d in form Following Sommerset ss Jarvis Ballard late of Somerset County Gentleman was Attached to answer unto James Johnson of a plea of trespass upon the Case &c And Whereupon the said James by Geo: Douglas his Attorney Complains that whereas the said Jarvis of on the first day of April Anno Dom MDCCXL at the County af.d was indebted to the said James in the sum of three thousand two hundred and ninety three pounds of Tobacco and nineteen shillings and ten pence Currt money of Maryland for Sundry matters properly Chargeable in Account as by Account thereof hereto Annexed may appear and so being thereof indebted afterwards to witt the day and year af.d at the County af.d on Consideration thereof upon himself did Assume and to the said James then and there faithfully promise to pay to the said James the said three thousand two hundred and ninety three pounds of tobacco and nineteen shillings and ten pence when he should be afterwards thereto required and whereas the said Jarvis afterwards to witt the day and year af.d at the County af.d was Indebted to the said James in five pounds ten shillings Curr.t money of Maryland for other Sundry matters properly Chargeable in Acct as by Acct thereof hereto annexed may appear and so being thereof indebted in Consideration thereof afterwards to wit the day and year af.d at the County af.d promised to pay the said five pounds ten shillings to the said James when afterwards thereto required and altho' the said Jarvis hath satisfied the said James as to two thousand seven hundred and forty pounds of tobacco part of the first promise Nevertheless as to five hundred and fifty pounds of tobacco and nineteen shillings and ten pence residue of the Sum in the first promise mentioned and as to all the Sum of money in the Second promise mentioned the said Jarvis his promise and |
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