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March Court
1740
67
77 the fourth day of December then next Following and did Likewise Covenant and Oblidge himself to find the said Negro Cloaths and pay her tax during the said term the said Heber did Covenant and oblidge himself to find the said negro meat drink washing and Lodging fitting for such a negro during the time of her said servitude and also to pay unto him the said Peter the full and just sum of twelve hundred pounds of good merchantable Leaf tobacco in Cask to Contain the same and in Case the said Negro should dye in the time of her Servitude he the said Heber was to pay in proportion to the time she should Live therein and to the true performance of all the Covenants Clames and agrements and payments in the same Articles mentioned the partys abovementioned did oblidge themselves their heirs or Assigns Each to the Other in the penall Sum of Fifteen pounds as by the Articles af.d doth fully appear and the same Peter says that altho' he all the Covenants agrements and payments in the af.d Articles of Agrement above specified on the part of him the said Peter or his Assigns to be observed performed or fulfilled well and truely According to the force form and Effect of the said Articles hath fulfiled and kept In fact the same Peter says that the said negro did live in the Service of the said Heber during the said Term and the af.d Heber hath not payed unto him the said Peter the af.d twelve hundred pounds of good merchantable Tobacco in Cask to Contain the same Agreable to the form ^& Effect^ of the Articles af.d by which Action hath Accrued to the same Peter to require and have of the said Heber the af.d Fifteen pounds Nevertheless the said Heber altho' often thereto requested the af.d fifteen pounds to the same Peter he hath not rendered but the same to him hetherto to render hath denyed Whereupon he says that he is the worse and hath damage to the value of twenty pounds Current money of Maryland and thereof he brings Suit &c Pledg.s &.a J: Doe R: Roe A Copy of the foregoing declaration was made and sent to be served on the deft in order for a speady Tryall Att which day here Came the af.d Peter Taylor by his Attorney af.d and the sheriffe to witt John Handy Gent now here returned that he had taken the af.d Heber Whittingham whose body hereat this day he had ready to Answer the af.d Peter Taylor of the af.d plea as to him it was Commanded And further the said Sheriffe returned that he had served the af.d Heber Whittingham with a Copy of the foregoing declaration According to Act of Assembly in such Case made and provided &c And whereupon the aforesaid Heber Whittingham in his proper person Cometh and defendeth the force and Injury when &.a and saith that he Cannot deny the action aforesaid of the aforesaid Peter Taylor nor Can he say but that he Oweth the same Peter Taylor the aforesaid Fifteen pounds in manner and form as the aforesaid Peter above against him hath declared &a Therefore it is Considered that the afd Peter Taylor Recover against the afd Heber Whittingham his debt aforesaid and his damages by Occasion of the detention of the same debt to 434 four hundred and fifty Six pounds of tobacco to the same Peter of his assent by the Court here adjudged and the afd Heber in Mercy &c Memorand.m the plantiffe upon the defendts paying of him Twelve hundred pounds of tobo and the Costs of the suit afd releaseth the afd debt of Twelve pounds &a |
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Somerset County Judicial Records, 1740-1742
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