Volume 861, Page 90 View pdf image |
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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Volume 861, Page 90 View pdf image |
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