Volume 861, Page 84 View pdf image |
March Court
1740
84 the Value of five Pounds like money in Gold or silver in part satisfaction of the Condition afd the said Obligation we further find that no Staves have been paid by the said Larrimore to the said Rousby to the knowledge of these Jurors Pursuant to the Condition of the writing Obligatory afd we find that the Plantiffe John Rousby before the Impetration of his Originall writt against the present defendent made oath before Peter Hellin a Justice of the Peace for Calvert County in these words Calvert County July 17.th 1739 Then Came John Rousby before me one of his Lordships Justices of the peace for the County afd and made oath on the holy Evangelist of Almighty God that he nor no person by his order did never receive part nor parcell of the within bond more then what Credit is given upon the Back of the bond within mentioned Sworn before Peter Hellin we also find that there was indorsed on the said bond in manner Following before at the time of the oath afd
We further find that the severall barrels of pork and the Clapboards in the said Indorsment mentioned and the pork and Clapboards in the verdict above mentioned to be paid by John Larrimore to John Rousby are one and the same pork and Clap boards if on the whole matter the Law be with the Plantiffe we say that the said John Larrimore in his life did not pay to the said John Rousby the severall sums of money staves and Pork in the Condition of the writing Obligatory mentioned as the said Mary above in her plea hath Alledged and Assess damages by means of the detention of the Plantiffs debt to one penny sterling beyond his Costs by him in suit in this behalfe apposed and for those Costs to one pounds of tobacco but if the Law be for the defendent then we say that John Larrimore the testator paid the severall sums of money staves and Pork in the Condition of the writing obligatory mentioned as the said Mary in pleading hath set forth Whereupon all and Singular the premisses being seen and by the Justices here fully understood It is Considered that the aforesaid John Rousby Recover against the aforesaid Mary Larramore his debt aforesaid ^of the goods and Chattells which were of the afd John Larramore at the time of his death in the afd Mary remaining to be administred^ and his damages aforesaid to One penny Sterling and One pound of tobacco by the Jurors 817 aforesaid in form aforesaid assessed as also Eight Hundred and Sixty Eight pounds of tobacco to the Same John at his request for his Costs and Charges aforesaid by the Court here of Increase adjudged which Certain damages in the whole amount to One penny Sterling and Eight hundred & Sixty Nine pounds of tobacco of the goods and Chattells which were of the aforesaid John Larramore at the time of his death in the hands she hath not then the damages afd to be Levied of proper goods and Chattles of the aforesaid Mary and the same Mary in Mercy &c |
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Volume 861, Page 84 View pdf image |
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