Volume 862, Page 122 View pdf image |
(122) June Court Anno Domini 1747 Or otherwise hereby Releasing all the Errors that may happen on the said Judgment Suing out Execution thereon or in any of the Proceedings thereunto Relating Which being Read and heard the said Thomas by his attorney ^afs.d^ Comes & Defends the force and Injury when &C.a and the same attorney saith that he is not informed by the same Thomas of any answer to make for the said Thomas to the said Alexr Smith in the Premises nor hath he any other thing to say thereof in Barr or Preclusion of the action of the afs.d Alexander Smith by which the same Alexander Smith Remains against the said Thomas thereof without Defence Therefore it is Considered that the said Alexander Smith Recover against the said Thomas his Debt afs.d and his Damages by occasion of detaining that Debt to four Hundred and Eighty One Pounds of Tob.o to the same Alexander Smith of the assent by the Court here adjudged and the said Thomas in Mercy &Ca Mem.o the Plaintiff Releases the Penalty on Payment of Principal Interest and Damage
Charles County ss.t James Mudd late of Charles Planter otherwise Called James Mudd of Charles County was summoned to answer unto Alexander Smith Hawkins of a plea that he Render unto him in the full and Just sum of Thirty Thousand Pounds of Good Sound Merchantable leaf Tobacco in Cask which to him he owes and unjustly detains & so forth And Whereupon the same Alexander Smith by Jeremiah Chase his attorney saith that Whereas the said James Mudd on the Thirteenth day of April in the year of our Lord one Thousand Seven Hundred and forty seven at Charles County afs.d by his Certain Writing Obligatory with the seal of him the said James Mudd sealed and here in Court Produced whose date is the day and year afs.d acknowledged himself to be held and firmly bound unto the said Alexander Smith in the afs.d sum of Thirty Thousand Pounds of Tob.o as afs.d to be Paid to the said Alexander Smith when thereunto afterwards he should be requested Nevertheless the said James Mudd altho often Requested the said Sum of Thirty Thousand Pounds of Tobacco as afs.d or any Part thereof to the said Alex.r Smith hath not Paid or in any sort Contented but the same to him the said Alex.r smith to Pay or in any sort ^to^ Content hath hither to altogether Refused and Still doth Refuse to the Damage of the said Alex.r Smith Hawkins Thirty Thousand pounds of Tobacco as afs.d and therefore suit brought & so forth John Doe Pled.s &C.a & Rich.d Roe And the aforesaid James Mudd by Henry Darnall his attorney Comes & Defends the force and Injury when &C.a and Prays a hearing of the Writing obligatory and it is Read unto him and it is Read unto him and he also Prays a hearing of the Condition of the said Writing Obligatory and it is Read unto him in these Words following to wit The Condition of the above obligation is such that if the above bound George Tarvin Thomas Mudd & James Mudd their Heirs Ex.rs & Adm.rs do and shall well and truly Pay or Cause to be paid to the said Alexander Smith Hawkins his Certain Attorney Ex.rs Adm.rs or assigns the full and Just sum of fifteen Thousand Pounds of Good Sound Merchantable (Leaf) |
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Volume 862, Page 122 View pdf image |
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