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Somerset County Judicial Records, 1740-1742
Volume 861, Page 186   View pdf image
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November Court                   1741                                    186

The Cause of Action of Francis Allen against Israel Holland Late of Sommerset County marriner and Esther his
wife admrx of the goods Chattles and Credits which were of John Harristoy late of Somerset County Surgeon deceased is
for the Articles of the within Account as they are therein mentioned the said Francis haveing paid the Severall quantitys of
tobacco within mentioned at the Especiall request and Instance of the said John in his life which the said John in his life and
the said Esther after the death of the said John and before her marriage with the said Israel or the said Israel and Ester after there
Intermarriage or either have in no sort paid to the said Francis Allen

                         A Copy of the foregoing short note and account Expressing the Cause of action were made and Sent to
be Left at the Last place of the abode of the aforesaid defts according to act of assembly in Such Case made
and provided              Att which said third Tuesday of November to witt the Seventeenth day of the same month Anno Dom
one thousand seven hundred and forty one at a Court then held at dividing Creek before his Lordships Justices in and for the County
af.d Came the af.d Francis Allen by GEorge Douglas his Attorney and offered himselfe against the af.d Israel and Esther of the af.d
plea and the af.d Sheriffe Returned and testified to the Court here that the af.d Israel and Esther are not found nor Either of them found
and further the said sheriffe returned that he had left a Copy of the af.d short note Expressing the Cause of Action &c

       And the said Francis Allen Complained of the af.d Defendants in the plea af.d in form Following      Somerset ss.t Israel Holland
and Esther his wife Admrx of the goods Chattles and Credits which were of John Haristoy of Somerset County Surgeon deceased were
attached to Answer unto Francis Allen of a plea of trespass upon the Case &c

                            And Whereupon the said Francis Allen by George Douglas his Attorney Complains that whereas the said John Harristoy
in his life to wit on the tenth day of March Anno Dom one thousand seven hundred and thirty at the County af.d was indebted to the said
Francis in two thousand one hundred and ninety one pounds of tobacco for Sundry matters properly in Account Chargeable as
by Account thereof hereto annexed may appear and so thereof Indebted being in Consideration thereof afterwards to witt on the day and
year af.d at the County af.d on himself did assume and to the said Francis then and there faithfully promise that he the said John
the said two thousand one hundred and ninety ^one^ pounds of tobacco to the said Francis when he should be afterwards thereto required
he would faithfully pay and Content  Nevertheless the said John in his life his promise af.d in form af.d made not regarding but minding
and fraudulently intending the said Francis in that part Craftily and Subtilly to deceive and defraud the said quantity of tobacco or
any part thereof to the said Francis in his life did not pay but that to doe altogether did refuse and the said Esther after the death of the
said John and before her Intermarriage with the said Israel and the said Israel and Esther Since their intermarriage the same to the
said Francis have not paid but that to doe have altogether refused and still doth refuse altho' the said John in his life afterwards to witt
the day and year af.d at the County af.d and the said Israel and Esther after the death of the said John and Adm.n in due form of Law to the
said Esther Committed viz on the first day of Janry Anno Dom MDCCXXIX at the County af.d and often Since that time by the said
Francis required whereupon the said Francis says he is damnifyed fifty pounds Currt money of Maryland and thereof he brings Suit &c
                                                                                                                                            Pledg.s &.c  J Doe & R Roe         

                       Whereupon the afd Francis Allen by his attorney aforesaid Prays that for as much as he
hath Complyed with the Law in Order to an attachment he may have Judgm.t against the aforesaid Israel
                                                                                                                                                    Holland


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 186   View pdf image
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