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August Court
1740
4 refused And the said Aaron ^still^ doth refuse altho the same to doe the said Aaron in his life afterwards to wit on the day and year af.d by the said Mary when sole and often after that time was required and the said James afterwards to wit on the first day of January Anno Dom MDCCCXXXviij and often since that time the said residue to the said Francis and Mary since their Intermarriage to pay was by the said Francis and Mary required whereupon the said Francis and Mary say they are damnifyed nine pounds Curr.t money of Maryland and thereof they bring suit &.c Pledg.s &.c J Doe R Roe
God that the above account according to an act of assembly in that Case made and provided swore to before Henry Ballard And the aforesaid James Knight by William Arbuckle his attorney Cometh and defendeth the force and Injury when &.a and prays Leave thereof to Imparle hereuntill next Court to be held at dividing Creek in and for the same County the third Tuesday of March then next following and he hath it and the same day is given to the aforesaid Francis and Mary here also &a Att which day day here Came againe as well the aforesaid Francis Harper and Mary his wife as the afd James Knight by their attorneys aforesaid and whereupon the same James prays further Leave thereof to Imparle here untill next Court to be held at dividing Creek in the same County the third Tuesday of June then next following and he hath it and the same day is given to the aforesaid Francis and Mary here also &c Att which day here Came again as well the aforesaid Francis Harper and Mary his wife as the aforesaid James Knight by their Attorneys aforesaid and whereupon the same James as before defends the force and Injury when &.c And saith that the aforesaid Francis and Mary their Accon aforesaid against him to have and Maintain ought not because he saith that he ^never^ was Executor of the aforesaid Aaron nor any Goods and Chattles which belonged to the aforesaid Aaron as Executor of the will of the said Aaron never Administred and this he is ready to Verifie whereupon he prays Judgment &.c And the said Francis and Mary say that they by any thing by the said James in pleading prealledged from having and maintaining their Accon af.d against him to be precluded ought not because they say that the said James Sundry Goods and Chattles of the said Aaron at Somerset County aforesaid as Ext of the said Aaron in his own wrong after the death of the said Aaron did Administer and this they pray may be enquired of by the Country And the def.t in like manner Therefore it is Commanded the Sheriffe that he Should Cause to Come before the Justices of his Lordships County Court of Somerset to be held at dividing the third Tuesday of August then next following Twelve &.a ^by whom &a^ and who neither &a to recognize &a because as well &a and the same day is given to the parties aforesaid here &a Att Which day here Came the Parties aforesaid by their attorneys aforesaid And the Jurors of that Jury being Called some of to witt John Huett Nutter John Gorley John Purnall Jun.r George Tull Littleton Townsend James Polk Daniel Jones and Ishmael Davis Came and were Sworn upon that Jury and because the Rest of the Jurors of that same Jury did not appear therefore |
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Somerset County Judicial Records, 1740-1742
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