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Somerset County Judicial Records, 1740-1742
Volume 861, Page 40b   View pdf image
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           November Court                                1740                                        40

FA  Joshua Caldwell
                   @
P  Alexander McCants
      Command was given to the sheriffe of Somerset County that he should take Alexander McCants
late of Somerset County schoolmaster 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 the third Tuesday of November Ann Dom One thousand seven hundred and forty to answer unto Joshua Caldwell
of a plea of trespass upon the Case &.a  And the same day is given to the afd Joshua there &a

                And hereupon the afd Joshua declared against the aforesaid Alexander in the plea aforesaid in form following

Somerset County ss   Alexander M.cCants Late of Somerset County Schoolmaster was attached to answer unto Joshua Caldwell
of a plea of trespass upon the Case &a
                                                             And whereupon the said Joshua by Francis Allen his attorney Complaines
that whereas the said Alexander the first day of November Anno Dom seventeen hundred and thirty four at the County of Somerset
af.d within the Jurisdiction of this Court was Indebted unto the said Joshua in twelve hundred and Sixty pounds of tobacco for Sundrys
properly Chargeable in Acc.t as by acc.t hereunto annexed may appear and being so thereof Indebted the said Alexander in Consideration
thereof the day and year af.d at the County af.d upon himself did assume and to the said Joshua then and there did faithfully promise
that he the said Alexander the said twelve hundred and Sixty pounds of tobacco to the said Joshua when he should be thereunto
requested he would well and faithfully pay and Content  Nevertheless the said Alexander his promise and assumption af.d in form af.d
made nothing regarding but plotting and fraudulently Intending the said Joshua in that pte Craftily and Subtilly to deceive and
defraud the said twelve hundred and Sixty pounds of tobacco to the said Joshua hath not paid or Contented altho' the same to do
the said Alexander by the said Joshua on the af.d first day of November in the year af.d and often afterwards at Somerset County af.d
he was thereunto requested but the same to him hitherto to pay hath refused and Still doth refuse and Deny  Whereupon the said
Joshua saith he is worse and hath damage to the value of twenty five hundred pounds of tobacco and thereupon he brings Suit &c

1737
9.br 1.st
 M.r Alexander MccCants
To Tobacco paid to Solomon Hitch you being Executed is
To 30 days Custody @ 20  day is

 D.r
  660
  600
1260
 Pledg &c John Doe  R Roe

P                                             C.r
                                                                            Errors Excepted p Jos Caldwell Quandam sher

A Copy of the foregoeing declaration and account were made and sent to be Served on the defend.ts according to act of assembly in such
Case made and provided
                                                 Att which day here Came the aforesaid Joshua Caldwell by his attorney aforesaid and the Sheriffe to
witt John Handy Gent now here returned that he had taken the aforesaid Alexander McCants whose body here at this day he had here
Ready to answer unto the aforesaid Joshua Caldwell of the aforesaid plea as to him it was Commanded   And further
the aforesaid Sheriffe Returned that he had served the afd Alexander MccCants with a Copy of the above declaration and account
in Order for a speedy Tryall

                   And and the aforesaid Alexander McCants in his proper person Cometh and defendeth the force and Injury
when &c and saith that he Cannot deny the Action of the af.d Joshua Caldwell nor but that he did Assume upon himself in manner and form
as the af.d Joshua above against him hath Complained and as to the damage of the same Joshua by him by Occasion of the premisses in that
part Sustained the same Alexander McCants saith and Acknowledgeth that the af.d Joshua hath Sustained Damages by Occasion of the
                                                                                                                                                                                              premisses


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 40b   View pdf image
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