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March Court
1740
82 Creek in and for the County aforesaid the third Tuesday of August then next following and he hath it and the same day is given to the aforesaid Moses here also &c Att Which day here Came againe as well the aforesaid Moses Chaille Jun.r as the aforesaid Nathaniel Horsey by their attorneys aforesaid And whereupon the said Nathaniel prays further Leave thereof to Imparle here untill next Court to be held at dividing Creek in and for the County aforesaid the Third Tuesday of November then next following and he hath it and the same day is Given to the afd Moses here also &a Att which day here Cam again as well the af.d Moses Chaille Jun.r as the af.d Nathaniel Horsey by their attorneys af.d And whereupon the said Nathaniel prays further Leave thereof to Imparle here untill next Curt to be held at dividing Creek in and for the County af.d the third Tuesday of March then next Following and he hath it and the same day is given to the af.d Moses here also &c Att which day here Came again as well the af.d Moses Challie J.r as the af.d Nathaniel Horsey by their Attorneys af.d And whereupon the said Nathaniel Horsey as before defends the force and Injury when &c and protesting that he the said Nathaniel did not Assume upon himself in manner and form as the said Moses above against him hath Complained for plea he says that the said Moses his accon thereof against him to have and maintain ought not because he says that he the said Nathaniel at any time within three years next before the Impetration of the Originall writt of him the said Moses did not Assume upon himself in manner and form as the said Moses above against him hath Complained and this he is ready to verify wherefore he prays Judgment if the said Moses his Accon af.d against him the said Nathaniel to have and maintain ought &c And the said Moses saith that he by any thing by the af.d Nathaniel above in pleading alledged from having his Accon against him thereof as af.d to be precluded ought not because he saith that he the said Nathaniel did Assume upon himself not only in manner and form as the said Moses above against him hath declared but also did further Assume upon himself within three years next before the Impetration of the Originall writt of him the said Moses in manner and form as the af.d Moses above against him hath Complained and this he prays may be Inquired of by the County &c and the aforesaid Nathaniel in Like manner Therefore Command is to the Sheriffe of the County aforesaid that Immediately he Should Cause to Come here before his Lordships Justices at a Court now here held at dividing Creek in and for the County aforesaid Twelve &.c by whom &.c and who neither &.c to recognize &.c because as well &.c and the Jurors of that Jury being Called some of them to witt Hutton Hill, David Polk, John Woolford, Edward Rook, Thomas Pollett, George Tull, Panthur Laws, Littleton Townsend, William Gray and Richard Wallis Came and were sworn upon that Jury and Because the Residue of the Jurors of that Same Jury did not appear therefore others of those standing by hereunto Elected by the Sheriffe of the County aforesaid and at the request of the aforesaid Moses Chaille and by the Command of the said Justices are newly put on whose names to the pannell within Written are afiled according to the form of the Statute in Such Case made and provided which said Jurors soe newly put on (to witt) John Purnall Junior and Joshua Sturges being Called Likewise Came who to say the truth of the premisses aforesaid together with the Other Jurors afd first Impannelled and sworne being Elected Tryed and Sworne upon their Oath say that the aforesaid Nathaniel Horsey did assume upon himselfe in manner and form as |
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