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Somerset County Judicial Records, 1740-1742
Volume 861, Page 46b   View pdf image
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                    November Court                               1740                                46

    Tuesday of November Anno Dom one thousand seven hundred and thirty nine to answer unto Duncan
Murray of a plea of trespass upon the Cause &.a  and the same day is given to the af.d Duncan here &a

    Att which day here Came the af.d Duncan Murray by George Douglas his attorney and the sheriffe to witt John Henry
Gent now here returned that he had taken the af.d Abraham Smith whose body hereat this day he had Ready
to Answer the af.d Duncan of the af.d plea as to him it was Commanded &.a

          Whereupon the af.d Abraham Smith puts in his place Francis Allen Gent Attorney at Law
against the af.d Duncan Murray of the af.d plea &.a

         And Thereupon at the Request of the parties af.d day is to them now here given untill next Court
to be held at dividing Creek the third tuesday of March then next following in the same state as at
Present saveing to the parties af.d

          Att which day here Came againe the parties af.d by their Attorneys af.d and hereupon the said Duncan
Murray declared against the af.d Abraham Smith in the plea af.d in form following

    Somerset County ss
                                        Abraham Smith Late of Somerset County planter was attached to Answer
unto Duncan Murray of a plea of trespass upon the Case &a

       And Whereupon the said Duncan by Geo Douglas his attorney Complains that whereas the
said Abraham after the first day of may Anno Dom MDCCV to witt on the xxvij day of September
Anno Dom MDCCXXXV at the County af.d did make his Certain note in writing Called a promissary
note with the proper hand of the said Abraham Subscribed and the said note to the said Duncan
then and there did deliver by which note the said Abraham did promise to pay to the said Duncan or his
Order as well the sum of twelve pounds thirteen Shillings and six pence in Country pay as the Costs of
One Action upon the Case in the County Court of Somerset by the said Duncan against the said Abraham
before that time prosecuted (which Costs the said Duncan Avers doe amount to the quantity of two hundred
and Seventy nine pounds of tobacco) at or before the first day of January then next ensueing the date
of that note by means whereof and by force of the statute in that case lately made and provided the said
Abraham became Chargeable to pay the Contents of the said note According to the tenor thereof and so
being thereof Chargeable afterwards to wit the day and year last af.d at the County af.d on Consideration
thereof he the said Abraham upon himself did assume and promise to pay the said money and tobacco
in the same note mentioned to the said Duncan According to the tenor of that note and whereas the said
Abraham afterwards to wit on the seventeenth day of June Anno Dom MDCCXXXV at the County af.d
had prosecuted the said Abraham before his Lordships the right Honourable the Lord proprietarys
Justices the peace for Somerset County County af.d to keep assigned in the County Court of Somerset
                                                                                                                                                       of


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 46b   View pdf image
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