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Somerset County Judicial Records, 1740-1742
Volume 861, Page 169   View pdf image
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              August Court                            1741                       169

    A Copy of the foregoing decleration was made and sent to be served on the deft in order for
a Speedy Tryall
                                                 Att which day here Came the af.d David Wilson by his
attorney af.d and the sheriffe to witt John Handy Gent now here returned that he had taken
the af.d Heber Whittingham whose body here at this day he had ready to answer the af.d
David of the af.d plea as to him it was Commanded and further the same sheriffe Returned
that he had ^Served^ taken the af.d Heber Whittingham with a Copy of the foregoing decleration
according to act of assembly in such Case lately made and provided &.a

    And the af.d Heber Whittingham by William Arbuckle his attorney Comes and
defends the force and Injury when &.a and prays Leave thereof to Imparle here untill
next Court to be held at dividing in and for the County af.d the third tuesday of August
then next Following and he hath it and the same day is given to the af.d David here also &a

    Att which day here Came againe as well the af.d David Wilson as the af.d Heber Whittingham
by their attorneys af.d and hereupon the said Heber as before defends the force and Injury when &.a
and saith that he Cannot deny the action af.d of the af.d David Wilson nor but that he did assume
upon himself in manner and form as ^the^ af.d David above above against him hath Complained and
as to the damage of the same David by him by occasion of the premisses in that part sustained
the same Heber Whittingham saith and acknowledgeth that the af.d David hath sustained
damages by occasion of the premisses beyond his Costs and Charges by him about his suit
in that part apposed to Twenty pounds thirteen Shillings and One penny Currt money of the
Province of maryland and not more and because the af.d David denys not this but the same
Allegation Grants to be true prays Judgment for those damages above acknowledged
together with the Costs and Charges ^afd^ to him to be adjudged &.a

                Therefore by Consent of the parties af.d it is Considered that the af.d David
Wilson Recover against the af.d Heber Whittingham his damages af.d to the af.d Twenty
pounds thirteen Shillings      and one penny Currt money of the province af.d in manner
392    and form af.d acknowledged as also four hundred and fourteen               pounds of tobacco
for his Costs and Charges af.d to the same David 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 Twelve
pounds thirteen Shillings and one penny Currt money of the province af.d and four hundred and
fourteen                     Pounds of tobacco and the af.d Heber in mercy &.a  Memorandum the plft
Releaseth twenty shillings Currt money af.d out of the above damages &.a


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 169   View pdf image
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