Volume 861, Page 242b View pdf image |
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March
Court
1741
242 Commanded and further the af.d sheriffe returned that he had Served the af.d Heber with a Copy of the foregoing declaration According to Act of Assembly in such Case made and provided &c And the af.d Heber Whittingham at the prayer of the af.d William Elligood is adjudged to give speciall bail to the Action af.d Thereupon a Certain John Horsey of Somerset County planter present herein Court in his proper person undertook for the said Heber Whittingham (Likewise the said Heber Whittingham present herein Court in his proper person assumed upon himself) that If it should happen that Judgment in the plea af.d should be rendred for the same William Elligood against the same Heber Whittingham or that he the same Heber Whittingham should be therein Convict that then he the said Heber Whittingham should pay and satisife unto the said William Eilligood 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 in satisfaction thereof or that he the said John Horsey will do the same for him &c And the af.d Heber Whittingham in his proper person Comes and defends the force and Injury when &c and saith that he Cannot deny the action af.d of the af.d William Elligood nor Can he say but that he owes the same William the af.d ^thirty^ Eight pounds Curr.t money of Maryland and four hundred and fourteen pounds of tobacco in manner and form as the af.d William above against him hath declared Therefore it is Considered by the Court that the af.d William Elligood recover against the af.d Heber Whittingham his debt af.d and his damages by Occasion of 404 the detention of the same debt to pounds of tobacco with Stay of Execution of him the thirtyeth day of March next Following and the af.d Heber in mercy &c the plantiffe Releaseth all the above said debt Save Eight pounds Currt money &a
County Court of Somerset to be held at dividing Creek the third Tuesday of March Anno Dom one thousand seven hundred and forty one to answer unto William Lockwood of a plea of trespass upon the Case &c And the same day is given to the af.d William here &c And the said William declared of the af.d Benjamin in the plea af.d in form Following Somerset ss Benjamin Warrington late of Somerset County Carpenter was attached to answer unto William Lockwood of a plea of trespass upon the Case &c And Whereupon the same William by Robert Jenckins Henry his Attorney Complains that whereas the af.d Benjamin after the first day of may in the year of our Lord Seventeen hundred and five (to witt) the first day of may in the year of |
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Volume 861, Page 242b View pdf image |
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