Volume 861, Page 261 View pdf image |
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March
Court
1741
261 then next Following and he hath it and the same day is given to the af.d Sarah here allso &c Att which day here Came again as well the af.d Sarah Challie as the af.d Wheatly Dennis by their Attorneys af.d and whereupon the said Wheatly Dennis prays further 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 Sarah here also &c Att which day here Came again as well the af.d Sarah Challie as the af.d Wheatly Dennis by their Attorneys af.d and whereupon the af.d Wheatly Dennis as before defends the force and Injury when &c and says he did not assume upon himself in manner and form as the said Sarah above against him hath Complained and of this he puts himself upon the Country and the af.d Sarah in like manner Therefore Command is to the sheriffe of Somerset County that he should Cause to Come before the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third Tuesday of March then next Following Twelve &c by whom &c and who nither &c to recognize &c because as well &c and the same day is given to the parties af.d there &c Att which day here Came againe as well the af.d Sarah Challie as the af.d Wheatly Dennis by their Attorneys af.d and the Jurors of that Jury therein Impannelled being Called some of them (to witt) Henry Lowes William Jones Edward Rook John Huett Nutter Thomas Perkins Angello Atkinson and William Turpin Came and were sworn upon that Jury and because the residue of the Jurors of that same Jury did not appear Therefore others of the by standers are by the sheriffe of the County af.d Elected and at the request of the af.d Sarah Challie and by the Command of the af.d justices newly put on whose names to the pannell within written are affiled according to the form of the statute in such Case made and provided which same Jurors so newly put on that is to say Henry Lowes Thomas Lambden ^Geo Tull^ John Scarbrough Thomas Pollet and Mathew Kemp being Called likewise Came who to say the truth of the premisses af.d together with the other Jurors af.d before Impannelled and sworn being Elected tryed and sworn upon their oath say that ^the afd^ Wheatley Dennis did assume upon himselfe in manner and form as the aforesaid Sarah Chaille above against him Complained and assessed the damages of the Same Sarah by Occasion of the non performance of the promise and assumption aforesaid beyond her Costs and Charges by her about her Suit in this part apposed to Twenty five pounds Sterling money and for those Costs and Charges to One pounds of tobacco Therefore it is Considered that the aforesaid Sarah Chaille Recover against the afd Wheatly Dennis her damages aforesaid by the Jurors aforesaid in form aforesaid assessed as also One thousand One and Seventy Two pounds of tobacco for her Costs and Charges to the Same Sarah by the Court here of |
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Volume 861, Page 261 View pdf image |
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