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Somerset County Judicial Records, 1740-1742
Volume 861, Page 90   View pdf image
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March Court                                                   1740                                   90

November the 15.th day 1739      Then Came Capt John Tunstall before me the subscriber one of his
Lordships Justices of the peace for Somerset County and took his Oath on the holy Evangelist of
almighty God that the within account as it there stand statted is Just and true to the best of his knowledge
and that he never Rec.d any part or parcell thereof directly or Indirectly but what he has given Creditt
for sworn to before                                                                                 Henry Ballard

                   And whereupon the aforesaid Sarah Roe Admrx as aforesaid by her attorney afd Comes and defends
the force and Injury when &.a and prays Leave thereof to Imparle here untill next Court to be held at
dividing Creek the third Tuesday of November then next Following and she hath it and the same day is
given to the aforesaid John here also &c

                Att which day here Came againe as well the aforesaid John Tunstall as the afd Sarah
Roe by their attorneys afd  And Whereupon the said Sarah Roe prays further Leave thereof to Imparle
here untill next Court ot be held at dividing Creek the third tuesday of March then next Following
and she hath it and the same day is given to the afd John here also &.a

       Att which day here Came againe as well the afd John Tunstall as the afd Sarah Roe by their
attorneys afd  And Whereupon the said Sarah Roe as before defends the force and Injury when &.a
and says that the said Thomas in his life did not assume upon himself in manner and form as the
said John above against her hath Complained and of this she puts herself on the Country   and the said
Sarah in Like manner                           And the said Sarah 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 John his
Action af.d against her to have and maintain ought not because she says that the said Thomas Roe
in his life did not at any time within three years next before the Impetration of the Originall writ
of him the said John Tunstall assume upon himself in manner and form as the said John above
against her the said Sarah hath Complained and this she is ready to Verify  Wherefore she prays
Judgment if the said John his action afd against her the said Sarah to have and maintain ought &.a

       And as to the afd last plea of the afd Sarah as to the promise and assumption in the decleration
afd specified the same John says that he by any thing in the afd last plea of the said Sarah prealledged
his action afd from haveing to be precluded ought not because he says that the afd Thomas Roe
in his life time within three years next before the Impetration of the writt Original of him the said John
Tunstall did assume upon himself in manner and form as the afd John against her the said Sarah hath
Complained and this he prays may be enquired of by the County      And the said Sarah in Like manner

                   Therefore as to the trying as well this Issue as the aforesaid Other Issue formerly Joyned Command is
given to the Sheriffe that he should Cause to Come here Immediately Twelve &.a by whom &.a and who neither &.a to Recognize
&.a becaus as well &.a and the Jurors of that Jury being Called some of them to witt Hutten Hill David
Polk John Woolford Edward Rooke Thomas Pollitt George Tull Panthur Laws Littleton Townsend
                                                                                                                                              W.m


 
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Somerset County Judicial Records, 1740-1742
Volume 861, Page 90   View pdf image
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