Volume 861, Page 253b View pdf image |
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March Court
1741
253 Allen of a plea that he render him six pounds sterling which to him he owes and unjustly detains &c and the same day is given to the af.d Robert here &c Att which day here Came the af.d Robert Allen by his Attorney af.d and the sheriffe to witt John Handy Gent now here returned that he had taken the af.d James Townsend whose body here at this day he had ready to answer the af.d Robert Allen of the af.d plea as to him it was Comanded And hereupon at the prayer of the af.d Robert Allen the af.d James Townsend is adjudged to give speciall bail to the action af.d Thereupon a Certain Charles Dickerson of Somerset County planter present herein Court in his proper person undertook for the said James Townsend (Likewise the said James Townsend 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 Robert Allen against the same James Townsend or that he the same James Townsend should be therein Convict that then he the said James Townsend should pay and satisfie unto the said Robert Allen 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 Charles Dickerson will do the same for him &c And hereupon the said Robert Allen declared against the af.d James Townsend in the plea af.d in form Following Somerset s.t / James Townsend late of Somerset County planter otherwise Called James Townsend was summoned to answer unto Robert Allen of a plea that he render him six pounds sterling money which to him he oweth and unjustly detains &c And Whereupon the said Robert by Geo Douglas his Attorney says that whereas the said James on the seventeenth day of November anno Dom MDCCXLI at the County af.d by his Certain writing obligatory which the said Robert Allen sealed with the seal of the said James hereinto Court brings whose date is the day and year af.d did acknowledge himself to be held and firmly bound to the said Robert in the sum of six pounds sterling to be paid to the said Robert when he should be afterwards thereto required Nevertheless the said James the said sum of six pounds sterling to the said Robert hath not rendred but that to doe hitherto hath denyed and still doth deny and unjustly detain altho' thereto afterwards to witt the first day of march last past at the County af.d and often since that time by the said Robert required to the damage of the said Robert and thereof he brings suit &c Pledg.s &.c J Doe R Roe And the af.d James Townsend by William Arbuckle his Attorney Comes and defends the force and Injury when &c and saith that he Cannot deny the action af.d of the af.d Robert Allen nor Can he say but that the Writing obligatory af.d is his deed nor but that he owes the same Robert Allen the af.d Six pounds sterling money in manner and form as the af.d Robert Allen above against him hath declared &c Therefore it is Considered that the af.d Robert Allen recover against the aforesaid James Townsend his debt aforesaid and his damages by Occasion of the detention of hte same debt to Two hundred and Ninety Six pounds |
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Volume 861, Page 253b View pdf image |
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