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August Court
1741
170 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 the third Tuesday of March Anno Dom one thousand seven hundred and forty to Answer unto Robert Geddes of a plea that he render unto him thirty five pounds Curr.t money and three hundred thirty and Eight pounds of ^merchantable^ tobacco which to him he owes and unjustly detains &c and the same day is given to the af.d Robert here &c Att which day here Came the af.d Robert Geddes by George Douglas his Attorney and the sheriffe to witt John Handy Gent now here returned that he had taken the af.d James Townsend whose body here at this day he had ready to Answer the af.d Robert Geddes of the af.d plea as to him it was Commanded And hereupon the said Robert Geddes declared against the af.d James Townsend in the plea af.d in form Following Somerset ss James Townsend Late of Somerset County planter otherwise Called James Townsend of Somerset County planter was Summoned to Answer unto Robert Geddes of a plea that he render unto him thirty five pounds Curr.t money and three hundred and thirty Eight pounds of Merchantable tobacco which to him he Oweth and unjustly detaineth &c And Whereupon the same Robert by George Douglas his Attorney saith that whereas the af.d James the twentyeth day of November Anno Dom one thousand seven hundred and forty at Somerset County within the Jurisdiction of this Court by his Certain writing bill obligatory which the same Robert with the seal of the af.d James Signed here into Court brings whose date is the same day and year above said Oblidged himself his heirs Executors and Administrators in the af.d thirty five pounds Curr.t money and three hundred and thirty Eight pounds of good merchantable tobacco for the true payment of Seventeen pounds twelve shillings like money and one hundred Sixty nine pounds of Like tobacco to the af.d Robert on or before the first day of March then next Ensuing the date of the bill af.d and the same Robert in fact saith that the af.d James hath not paid to him the same Robert the af.d Seventeen pounds twelve shillings and one hundred and thirty Eight pounds of tobacco on or before the first day of March which to him on or before that same day he ought to have paid According to the form and Effect of the bill af.d by which Action Accrews to the same Robert to have and receive of the af.d James the af.d thirty five pounds and three hundred and thirty Eight pounds of tobacco Nevertheless the af.d James tho' often Required the af.d thirty five pounds and three hundred and thirty Eight pounds of tobacco to the same Robert hath not rendred but the same to him to render denyeth and as yett denyeth whereupon he saith he is worse damnified and hath damage to the value of twenty pounds and two hundred pounds of tobacco and thereof he bringeth Suit &c Pledg.s &.c J Doe R Roe Whereupon Came here into Court the aforesaid James Townsend in his proper person and thereupon the said James Townsend at the prayer of the aforesaid Robert Geddes is Adjudged to give Speciall bail to the action afd Whereupon Came hereinto Court a Certain John Townsend sen.r of Sommerset County planter in his proper person and undertook for the said James Townsend (Likewise the said James Townsend present herein Court in his proper person assumed upon himself) that if it should happen that Judgment in the plea afd should be Rendered for the same Robert Geddes against him the |
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| Volume 861, Page 170 View pdf image |
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