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March
Court
1740
86 Att which day here Came the af.d Francis Allen in his proper person and the sheriffe to witt John Henry Gent now here returned that he had taken the af.d William Whittington whose body here at this day he had ready to Answer the af.d Francis Allen of the af.d plea as to him it was Commanded Whereupon at the prayer of the aforesaid Francis Allen the aforesaid William Whittington is adjudged to give Speciall bail to the action afd Thereupon Came hereinto Court a Certain Edmund Hough of Somerset County Gentleman in his proper person and undertook for the said William Whittington and assumed upon himselfe that if it should Happen that Judgment in the plea aforesaid should be rendered for the Same Francis Allen against the said William Whittington or that the same William Whittington should be therein Convict that then he the said William Whittington should pay and satisfie unto the said Francis the Judgment of the Court thereupon or Render his body in Execution of Such Judgment to the prison of the Sheriffe of the County aforesaid in Satisfaction thereof or that he the same Edmund Hough will doe the same for him Whereupon the aforesaid William Whittington puts in his place George Douglas Gentleman Attorney at Law against the aforesaid Francis of the plea aforesaid And thereupon at the request of the parties aforesaid day is to them now here given untill next Court to be held at dividing Creek in and for the County afd third Tuesday of August then next following in the same State as at present Saving to the parties afd &a Att which day Came again as well the aforesaid Francis Allen in his proper person as the afd W.m Whittington by his attorney aforesaid and hereupon the said Francis Complained of the aforesaid William in the plea aforesaid in form following Somerset County ss William Whittington Late of Somerset County Gentleman was attached to answer the said William the twenty fourth day of August Anno Dom Seventeen hundred and thirty two had accounted with the said Francis of divers sums of tobacco and money by the said William to the said Francis then due in arrear being and unpaid and upon that accounting the said William then and there was found in Arrear towards the said Francis in nine thousand and Seventy Pounds of tobacco and so being in Arrear found the afd William afterwards to witt the afd twenty fourth day of August in the year afd at the County afd in Consideration thereof upon himself did assume and to the said Francis then and there did faithfully promise that he the said William the af.d Nine thousand and Seventy pounds of tobacco to him the said Francis or his assigns or order by the tenth day of November then next ensuing he would well and faithfully pay and Content and the said Francis in fact saith that the said William on the af.d tenth day of November did not satisfie and pay to him the said Francis the af.d sum of Nine thousand and Seventy Pounds of tobacco and that he the said Francis did not assign or order the same to be paid to any person whatsoever and altho the |
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Somerset County Judicial Records, 1740-1742
| Volume 861, Page 86b View pdf image |
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