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March Court
1741
252 Commanded And hereupon at the prayer of the aforesaid John Henry the aforesaid John Nicholson is adjudged to give Speciall Bail to the action aforesaid Thereupon a Certain John Kellum of the Indian town of Sommerset County planter present here in Court in his proper person undertook for the said John Nicholson (Likewise the said John Nicholson 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 John Henry against the same John Nicholson or that he the same John Nicholson should be therein Convict that then he the said John Nicholson should pay and satisfie unto the said John Henry 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 Kellum will do the same for him &c And the afd John Nicholson [illegible] in the plea af.d in form Following Somerset ss John Nicholson late of Somerset County planter otherwise Called John Nicholson of Somerset County in the province of Maryland planter was summoned to answor unto John Henry of a plea that he render ^him^ ten pounds two shillings Curr.t money of Maryland which to him he owes and unjustly detains &c And Whereupon the said John by Robt Jenckins ^Henry^ his Attorney Com says that whereas the said John Nicholson on the tenth day of October Anno Dom MDCCXL at the County af.d by his Certain bill obligatory which the said John Henry sealed with the seal of the said John Nicholson herein Court brings whose date is the day and year af.d did promise to pay to the said John Henry five pounds one shilling Curr.t money of Maryland for the payment ^there^of when he should be thereto required did bind himself his heirs &c in sum of ten pounds two shillings Curr.t money af.d and the said John Henry in fact says that he on the first day of November in the year af.d at the County af.d did require the said Nicholson to pay the said five pounds one shilling which the said Nicholson then and there refused by means whereof Accon hath accrued to the said John Henry to require and have of the said John Nicholson the said ten pounds two shillings to the said John Henry hath not rendred but that to doe altogether hath denyed and still doth deny and unjustly detain altho' thereto afterwards to wit the day and year af.d at the County af.d and often since that time by the said John Henry required whereupon the said John Henry says he is damnified Eleven pounds Currt money of Maryland and thereof he brings Suit &c Pledg.s &c J Doe & R Roe And the aforesaid John Nicholson in his proper person Comes and defends the force and Injury when &.a and saith that he Cannot deny the action aforesaid of the aforesaid John Henry nor Can he say but that the bill Obligatory aforesaid is his deed nor but that he Owes the Same John Henry the aforesd Ten pounds Two Shillings Curr.t money of Maryland in manner and form as the aforesaid John Henry above |
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Somerset County Judicial Records, 1740-1742
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