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March Court 1761 134 Judgment of the Court thereupon or Render his body in Execution of Such Judgment to the Prison of the Sheriff of the County afd. in Satisfaction thereof or that he the Said Ephraim Wilson will do the Same for him &c Whereupon the Said Samuel Murray puts in his place Samuel Wilson Gent Attorney at Law Against the afd. John White of the afd. plea And thereupon at the prayer of the parties afd. day is to them now here given untill next Court to be held at Princes Ann Town the third Tuesday of November then next following in the State that now Saveing to the parties afd. &c. &a Att which day here Came as well the afd. John White as the afd. Samuel Murray by their Attorneys afd. And hereupon the Said John White Complained of the afd. Samuel Murray in the plea afd. in form following Somerset County fst Samuel Murrough Late of Somerset County planter was Attached to Answer unto John White of A plea of trespass upon the Case and So forth And Whereupon the Said John by William Allen his Attorney Complains that whereas the afd. Samuel after the first day of May in the Year of our Lord God One thousand Seven hundred and five to witt the Nineteenth day of February in the Year of our Lord God One thousand Seven hundred fifty and Nine at Somerset County afd. Made his Certain note in Writing Commonly Called a promissary note with his proper hand thereto Subscribed bearing date the Same day and Year last above Mentioned which Said Note the afd. Samuel to the afd. John then and there did Deliver and by the Said note did Oblige himself his heirs and Assigns to pay to the afd. John by the Name of John White of Princes Ann His heirs or Assigns the Sum of four pounds Nineteen Shillings and Two pence Curt Money (of Maryland) on Demand for Value Received by Reason of which premisses as also by force of the Statute in that Case Lately made and provided the Said Samuel became Chargeable to pay to the Said John or to his heirs or Assigns the afd. Sum of four pounds Nineteen Shillings and Two pence Curt Money on Demand According to the Tenor of the note afd. and the afd. Samuel So thereof Chargeable being in Consideration thereof Afterwards to wit the Same day and year Last Above said at the County afd. upon himself did Assume and to the Said John then and there faithfully promise that he the Said Samuel the afd. Sum of four pounds Nineteen Shillings and Two pence on Demand to the Said John he would well and faithfully pay and Content and the afd. John in fact Saith that he at Any time after the making of the Said Note hitherto made no order of or Concerning the payment of the Sum of Money afd. in the Note afd. Contained or of or Concerning the payment of Any part thereof Nevertheless the afd. Samuel his Promise and Assumption afd. in form afd. made not Regarding but Plotting and fraudulently intending the Said John in that part Craftily and Subtilly to deceive and defraud the Said four pounds Nineteen Shillings and Two pence to the Said John According to the tenor of the Said note (Altho the Same to do the Said Samuel by the Said John on the first day of March in the Year of our Lord One thousand Seven hundred fifty and Nine and often afterwards at Somerset County afd. he was thereunto Requested hath not paid or Contented but the Same to him to pay hitherto hath Refused and Still doth Refuse and Deny whereupon the Said John Says he is Worse and hath Damage to the Walue of Ten pounds Curt Money of Maryland and thereupon he brings Suit and So forth Pledges &c. J. Doe & R: Roe And the afd. prays Leave thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of March then next following and he hath it and the Same day is Given to the afd. John here also &c Att which day here Came as well the afd. John White as the afd. Samuel Murray by their Attorneys afd. And hereupon the Said Samuel as before defends the force and Injury And Craves Oyer of the Writt afd. and it is Read to him in these words: : which being Read and heard the Said Samuel Murray prays Judgment of the Writt afd. because he pleads that between the Writt and declaration afd. there is a Manifest Variance for that the Said John hath brought his Writt afd. Against him the Said Samuel by the Name of Samuel Murray Late of Somerset Planter and declared Against him upon that writt by the Name of Samuel Morrough Late of Somerset County planter and not by the Name of Samuel Murray Late of Somerset Planter as the Said John Ought to have declared and this he is Ready to Verify Whereupon the Said Samuel Murray for the Variance afd. prays Judgment of the Writt and that the Same may be Quashed and So forth And |
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Somerset County Judicial Records, 1760-1763
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