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Somerset County Judicial Records, 1740-1742
Volume 861, Page 87   View pdf image
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       March Court                                   1740                                              87

the said William on the twentieth day of October Anno Dom Seventeen hundred and thirty eight two
thousand pounds of tobacco ^at sundry times before and then parcell of the said Nine Thousand and Seventy pounds of tobacco^ to the said Francis he hath paid and Satisfyed Yett as to Seven thousand
and Seventy pounds of tobacco Residue of the af.d Nine thousand and Seventy pounds of tobacco
the said William his promise and Assumption af.d in forme af.d made nothing regarding but
plotting and fraudulently Intending the said Francis in that part Craftilly and Subtilly to
deceive and defraud the said Seven thousand and Seventy pounds of tobacco to the said Francis
Altho' the same to do the said William by the said Francis on the af.d twentieth day of October
in the year Seventeen hundred and thirty eight af.d and often afterwards at the County of
Somerset af.d he was thereunto Requested hath not paid but the same to him hitherto to pay
hath refused and still doth refuse and deny  Whereupon the said Francis saith he is worse and
hath damage to the value of one hundred and twenty pounds Currt money of maryland and thereupon
he brings suit &.a                                                                              Pledges &.a J Doe & R Roe

       And Whereupon the said William Whittington by his attorney af.d prayeth Leave thereof
to Imparle here untill next Court to be held at dividing Creek in and for the County af.d the third tuesday
of November then next Following and he hath it and the same day is given to the afd Francis here
also &.a

    Att which day here Came againe as well the af.d Francis Allen in his proper person as the
afd William Whittington by his attorney af.d   And Whereupon the said William Whittington as
before defends the force and Injury when &.a and says that he did not assume upon himself in
manner and form as the said Francis above against him hath Complained and of this he puts himself
upon the Country                     And the said William by Leave of the Court here and according to
the form of the statute in that Case lately made and provided further says that the said Francis his
action afd against him to have and maintain ought not because he says that he at any time within
three years after the Impetration of the Originall writ of him the said Francis in this Action did
not assume upon himself in manner and form as the said Francis above against him hath
Complained and this he is Ready to Verify  Whereupon he prays Judgment if the said Francis his
action afd against him to have and maintain Ought &.a

              And the aforesaid Francis Allen prays Leave thereof to Imparle her untill next Court to
be held at dividing Creek in and for the County aforesaid the third Tuesday of March then next following
and he hath it and the same day is given to the aforesaid William here also &a

               Att which day Came againe as well the aforesaid Francis Allen in his proper person as the
aforesaid William Whittington by his attorney aforesaid  And whereupon the said William relinquisheth
his averment by him above alledged saith that he Cannot deny the action afd of the aforesaid Francis
Allen nor but that he did assume upon himselfe in manner and form as the aforesaid Francis Allen above
                                                                                                                                              against


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 87   View pdf image
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