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Somerset County Judicial Records, 1740-1742
Volume 861, Page 242   View pdf image
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                  March Court                                  1741                242

money of Maryland and four hundred and fourteen pounds of tobacco which to him he owes and unjustly
detains &c  and the same day is given to the af.d William here &c

And the said William declared of the af.d Heber in the plea af.d in form Following  Somerset ss/  Heber
Whittingham late of Somerset County Inholder was Summoned to answer unto William Elligood of a plea
that he render him thirty Eight pounds Curr.t money of Maryland and four hundred and fourteen pounds
of tobacco which to him he owes and unjustly detains &c

                And Whereupon the said William by Geo Douglas his Attorney says that whereas the said
William heretofore to wit on the nineteenth day of August Anno Dom MDCCXL in the Court of the
right Honourable the Lord proprietary held at dividing Creek in and for the said County before the worshipfull
Robert King Gent and his Associates his Lordships the Justices the peace for the said County to keep assigned
by the Consideration of the said Court did recover against the said Heber Whittingham by the name of Heber
Whittingham late of Somerset County Inholder the sum of thirty Eight pounds Curr.t money of Maryland
and four hundred and fourteen pounds of tobacco which to the same William Elligood in the said Court were
adjudged as well for his Damages which he sustained by means of the breach of a Certain promise and
Assumption by the Heber to the said William before that time made as for his Costs by the him about his
Suit in that part apposed whereof the said Heber is Convict as by the records and process thereof in the said
Court before the said Justices at the County af.d remaining manifest is which Judgment in its full force and
Effect remains not reversed made void or satisfied and the said William his Execution against the said Heber of
the Damages af.d hath not obtained by which Action hath accrewed to the said William to require and
have of the said Heber the af.d ^sume of^ thirty Eight pounds Curr.t money of Maryland and four hundred and
fourteen pounds of tobacco  Nevertheless the said Heber the said thirty Eight pounds Curr.t money and four
hundred and fourteen pounds of tobacco to the said William hath not rendred but that to doe altogether hath
denyed and still doth deny and unjustly detain altho' thereto afterwards to wit on the first day of August
Anno Dom MDCCXLi at the County af.d and often since that time by the said William Elligood required
whereupon he says he is damnifyed forty pounds Curr.t money and twelve hundred pounds of tobacco and
thereof he brings Suit &c                                                                              ple &c  J Doe & R Roe

                A Copy of the foregoing declaration was made and sent to be Served on the defendant in order
for a Speedy tryall      Att which day here Came the af.d William Elligood 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 William Elligood of the af.d plea as to him it was
                                                                                                                                     Commanded




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Somerset County Judicial Records, 1740-1742
Volume 861, Page 242   View pdf image
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