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March Court
1740
83 Next in manner Following vizt Barrel Staves at thirty Shillings p thousand hogshead staves at fifty Shillings p thousand pipe staves at four pounds p thousand and that the said Staves shall be one Inch on the hart heart edge and the pipe Staves of five feet four Inches in Length as also fifteen Barrels of Good Merchantable Porke at one pounds ten Shillings p Barrel in good bound Caske to be delivered with the afd Staves at the Landing of him the said John Rousby in Patuxt in the province afd at the time afore mentioned and at the Rates aforementioned in Currency of this province that then this Obligation to be void and of none effect or else to be and Remaine in full force and vertue which being Read and heard the same Mary saith that the afd John his Accon afd against her to have and maintain ought not because she saith that John Larramore the testator in his life time paid and satisfied to the afd John the severall sums of money staves and pork in the Condition of the writing Obligatory above mentioned according to the Condition of the writing afd and this she is Ready to Verifie Whereupon she prays Judgment if the said John his Accon afd against her ought to have And the said John Rousby says that he by any thing by the said Mary in her plea afd prealledged from haveing and maintaining his action afd against her ought not to be precluded because he says that the said John Larramore did not pay to the said John Rousby the said Barrel Staves pipe staves Hogshead staves and fifteen Barrels of pork or any or either of them in the Condition of the said writing Obligatory mentioned as the said Mary in her plea hath Alledged and this he prays may be enquired by the Country and the deft in like manner Therefore Command is to the sheriffe of the County afd that Immediately he should Cause to Come before his Lordships Justices at a Court now here held at dividing Creek in and for the County afd Twelve &.a by whom &.a and who neither &.a to Recognize &.a because as well &.a and the Jurors of that Jury being Called some of them to witt Hutten Hill David Polk John Woolford Edward + 641 Thomas Pollitt George Tull Panthur Laws Littleton Townsend William Gray John White and Richard Wallis Came and were sworn upon that Jury And Because One of the Jurors of that same Jury did not appear therefore another of the standers by hereunto elected by the sheriffe of the County afd and at the request of the aforesaid John Rousby and by the Command of the aforesaid Justices is newly put on whose name to the pannell within written is afiled according to the form of the Statute in such Case Lately made and provided which said Juror so newly put on (to witt) John Purnall Jun.r being Called Likewise Came who to say the truth of the premisses aforesaid together with the Other Jurors aforesaid first Impannelled and sworn being elected tryed and sworn upon their Oath say that John Larrimore in his life paid to John Rousby fifteen Barrels of pork at 30/ hole Gold p Barrel in the condition of the writing Obligatory mentioned we further find that that the said John Larrimore since the making of the Obligation in the decleration mentioned paid other two barrels of Pork of the value of three pounds Currt money of maryland in Gold or Silver and two thousand Clapboards of the |
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Somerset County Judicial Records, 1740-1742
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