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Somerset County Judicial Records, 1740-1742
Volume 861, Page 3   View pdf image
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               August Court                          1740                          3

FA  William Whittington
                  @
Pse  W.m Colbart
     Command was given to the sheriffe of Somerset County that he should take William Colbart
late of Somerset County planter if he should be found in his bailywick and him should safe keep so
that he might have his body before the Justices of his Lordships County Court of Somerset to be held
at dividing Creek in the same County the third tuesday of August Anno Dom one thousand seven hundred and forty to answer unto
William Whittington of a plea of trespass upon the Case &a  And the same day is given to the aforesaid William Whittington here &c

                   Att which day here Came the aforesaid William Whittington by Francis Allen his attorney and the sheriffe returned that
he had taken the aforesaid William Colbart whose body here at this day he had ready to answer the aforesaid William Whittington of the
aforesaid plea as to him it was Commanded

                   And hereupon the said William Whittington Complained against the aforesaid William Colbart of the af.d plea in form following
Somerset County ss  William Colbart late of Somerset County planter was attached to answer unto William Whittington of a plea of
trespass upon the Case &a

                   And Whereupon the said William Whittington by Francis Allen his Attorney Complains that whereas the said William
Colbert after the first of may Anno Dom Seventeen hundred and five to witt on the first day of April Seventeen hundred and forty
at the County of Somerset aforesaid within the Jur of this Court made his Certain note in Writing Called a promissory note with his proper
hand Subscribed bearing date the same day and year last mentioned and the said note to the said William Whittington then and there
delivered by which said note the sid William Colbert did promise to pay to the said William Whittington or his order the sum of four
pounds three Shillings Current money of Maryland and by reason thereof as also by force of the statute in that Case lately made and
provided the said William Colbert became Chargeable to pay to the said William Whittington the af.d Sum of Money According to the tenor of
the said note and so being Chargeable the aforesaid William Colbert in Consideration thereof afterwards to witt the aforesaid first day of
April Seventeen hundred and forty aforesaid at Somerset County aforesaid upon himself did assume and to the said William
Whittington then and there did faithfully promise to pay him the aforesaid Sum of money According to the tenor of the said note
yett the said William Colbert his promise and assumption aforesaid in Forme aforesaid made nothing regarding but plotting and
fraudulently Intending the said William Whittington in that parte Craftilly and Subtilly to deceive and defraud tho often thereunto
requested the said sum of money to the said William Whittigton according to the tenor of the said note hath not paid or Contented but
the same to him hitherto to pay hath refused and still doth refuse and deny to the damage of the said William Whittington of Eight
pounds Six shillings Current money of Maryland aforesaid and thereupon he brings Suit &      Pledg.s & John Doe R Roe

                   And the aforesaid William Colbert 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 William Whittington nor but that he did assume upon himself in manner
and form as the aforesaid William Whittington above against him hath Complained and as to the damage of the same William
Whittington by him by occasion of the premisses in that part sustained the same William Colbert saith and acknowledged that the
aforesaid William Whittington hath sustained damages by occasion of the premisses beyond his Costs and Charges by him about
his Suit in that part apposed to four pounds three shillings Current money of Maryland and not more and because the aforesaid
William Whittington denyes not this but the same Allegation Granted to be true prays Judgment for those damages above acknowledged
together with his Costs and Charges aforesaid to him to be adjudged &

          Therefore by Consent of the parties af.d it is Considered that the af.d William Whittington recover against the af.d
                                                                                                                                                                   William


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 3   View pdf image
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