Volume 862, Page 61 View pdf image |
March Court Anno Domini 1746
(61 And Whereupon the said John Chesley by Thomas Clark his Attorney saith that whereas the said James on the fourteenth Day of August in the year of our Lord one Thousand Seven Hundred and forty six at Charles County aforesaid by his Certain Writing Obligatory with the seal of him the said James Sealed and herein Court produced whose date is the day and year aforesaid Acknowledged himself ^to be held^ and firmly bound unto the said John In the sum of Sixteen Pounds sterling to the said John When thereunto afterwards he should be requested Nevertheless the said James Altho often Requested the said sum of sixteen pounds sterling or any part thereof to him the said John to pay or in any sort to Content hath hither to altogether Refused and Still doth Refuse to the Damage of him the said John Thirty Two pounds sterling and therefore suit is brought and so forth Pled.s &Ca And the afs.d James by Honey Darnall his attorney Comes & Defends the force and Injury when &C.a & prays a hearing of the Writing Obligatory and it is Read unto him he also prays a hearing of the Condition of the same Writing and it is read unto him in these Words Viz.t The Condition of the above Obligation is Such that if the above bound James Mudd John Martin Sen & John Marten Jun do and shall well and truly pay or Cause to be paid unto the said John Chesley his Certain Attorney Ex.rs Adm.rs of Assigns the Just and full sum of Eight pounds sterling in Bills of Exchange Drawn payable in London at or upon the first day of September Next Ensuing the date hereof with Legall Interest for the same then the above obligation to be Void Else to Remain In full force and Virtue in Law But if default be made in the Payment of the said Sum of Eighty Hundred sterling and Interest then we Impower my Attorney in any Court of Record in the Realms of Great Britain France or Ireland or within the province of Maryland to appear for us at the Suit of the above mentioned John Chesley to Receive a Declaration on the above obligation and thereupon to Confess Judgment by Nildicit cognovit Actionem Nonsum informatus or otherwise hereby Releasing all the Errors that may happen upon the said Judgment suing out Execution thereon or in any of the proceedings thereunto Relating Which being Read and heard the said James by his Attorney afs.d Comes and defends the force and Injury when &C.a and the said attorney saith that he is not informed by the said James of any Answer to be given for the said James to the said John in the Premises nor hath he any other thing to say thereof in Barr or Preclusion of the Action afs.d of him the said John whereby the same John Remains against the said James thereof undefended Therefore it is Considered that the said John on his assent by the Court here adjudged and the said James in mercy &Ca Def.t in Mer Memorandum the plt Releases the penalty on paym.t of Prin.l Interest & Damages
of Charles County Planter was Summoned to Answer unto John Chesley of a Plea that he Render unto him the full and Just sum of Sixteen Pounds sterling which to him he owes and unjustly detains and so forth (And) |
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Volume 862, Page 61 View pdf image |
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