Archives of Maryland, Volume 0861, Page 0220b - Somerset County Judicial Records, 1740-1742

Somerset County Judicial Records, 1740-1742

              November Court                           1741                          220

Adjudged to give Speciall bail to the Action af.^d       Thereupon Came hereinto Court a Certain William Bratton of Somerset County
planter and undertook for the said Samuel Love (Likewise the said Samuel Love present herein Court in his proper person and assumed
upon himself) that if it should happen that Judgment in the plea af.^d should be rendred for the same Duncan Murray against the said
Samuel Love or that he the Same Samuel Love should be therein Convict that then he the said Samuel should pay and Satisfie unto the said
Duncan Murray the Judgment of the Court thereupon or render his body in Execution of such Judgment to the prison of the sheriffe of the
County af.^d Somerset in satisfaction thereof or that he the said William Bratton will doe the Same for him &^c

                        Whereupon the af.^d Samuel Love puts in his place William Arbuckle Gent Attorney at Law against the af.^d Duncan Murray
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 August 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 Duncan Murray as the af.^d Samuel Love by their Attorneys af.^d And hereupon
the said Duncan Murray Complained of the af.^d Samuel Love in the plea af.^d in form Following      Somerset ss.^t Samuel Love
late of Somerset County Merchant was Attached to Answer unto Duncan Murray of a plea of trespass upon the Case &^c

             And Whereupon the said Duncan by Geo Douglas his Attorney Complains that whereas the said Samuel on the first day ^of^ Jan^ry
Anno Dom MDCCXL at the County af.^d was indebted to the said Duncan in the Sum of three pounds Seven shillings and Eleven pence Curr^t
money of Maryland for Sundry matters and things properly in account CHargeable as by an account thereof here^un^to annexed and in^to^ Court
brought may appear and so being thereof indebted in Consideration thereof afterwards to wit the day and year af.^d at the County af.^d upon
himself did Assume and to the said Duncan then and there faithfully promise that he the said Samuel the said three pounds Seven shillings
and ^Eleven^ Elev pence when he should afterwards be thereto required he would faithfully pay and Content Nevertheless the said Samuel his promise
and Assumption af.^d in form af.^d not regarding but minding and fraudulently intending the said Duncan in that part Craftily and Subtilly
to deceive and defraud the said three pounds Seven Shillings and Eleven pence to the said Duncan hath not paid or him for the same in agany
Sort hitherto Contented but that to doe hitherto hath refused and still doth refuse altho' thereto afterwards to wit the day and year af.^d at the
County af.^d and often since that time by the said Duncan required Whereupon he says he is Damnified thirty pounds Curr money of
maryland and thereof he brings Suit &^c                                                                                          Pledg.^s &^c J Doe & R Roe

January
1740

Samuel Love D.^r to Duncan Murray
By ballance Due when Reckned
To 14¾ yard and ¾ yard of Casey at 2..6
To 1 pot punch
To 3 doz of Lases
To 2 pot punch
To 2 pecks of Corn
To 1 pot punch
Credit to M.^r W.^m Keanady
Errors Excepted
p Duncan Murray

0.. 3.. 5
1..16..10
0.. 1.. 0
1.. 1.. 8
0.. 2.. 0
0.. 1.. 0
0.. 1.. 0

3... 7..11

And Whereupon the said Samuel Love by his Attorney
af.^d Comes and defends the force and Injury when &c and hereupon
the said Samuel Love prays Leave thereof to Imparle here untill
next Court to be held at dividing Creek in and for the County af.^d
the third Tuesday of November then next Following and he
hath it and the same day is given to the af.^d Duncan here also &^c

Att which day here Came again as well the af.^d Duncan
Murray as the af.^d Samuel Love by their Attorney af.^d and

hereupon the said Duncan Murray prays that the af.^d Samuel Love to his declaration af.^d may Answer And the same Samuel afterwards
at the Same day altho' Solemnly Called Came not nor nothing thereof saith in barr or preclusion of the Action af.^d of the af.^d
Duncan by which the Same Duncan Remaineth thereof against him undefended &^c for which reason the af.^d John his damages
against

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Somerset County Judicial Records, 1740-1742

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