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Somerset County Judicial Records, 1760-1763
Volume 543, Page 151b   View pdf image
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                June Court                   1762                                151
And the afd. Edward Ellis in his proper person Comes and Defends the force and Injury when &c. And Saith that he Cannot deny the Action afd. of the afd. Mills & Eden
nor but that he did Assume upon himself in Manner & form as the afd. Mills & Eden Against him hath Complained nor but that the Said Mills & Eden hath Sustained Damages
by Occasion of the premisses beyond their Costs & Charges by them About their Suit in that part Apposed to thirteen pound twelve Shillings and Eleven pence half penny Curt
Money of Maryland and not More and because the afd. Mills & Eden deny not this but the Same Allegation Grant to be true pray Judgment for those damages above
Acknowledged together with their Costs and Charges afd. to them to be Adjudged &c    Therefore by Consent of the parties afd. it is Considered that the afd. Mills &
Eden Recover agst. the afd. Edward Ellis his Damages afd. to the afd. thirteen pounds twelve Shillings and Eleven pence half penny Curt Money by the Same Edward in
54    form afd. Acknowledged as also                                                              Pounds of tobacco for his Costs and Charges afd. to the Same Mills & Eden at
his Request by the Court now here of the Assent of the parties afd. Adjudged which Certain Damages in the Whole Amount to thirteen pound twelve
Shillings and Eleven pence half penny Curt Money and                                                                        Pounds of Tobacco and the afd. Edward in Mercy &c

JP    James Mills and    Command was given to the sheriff of Somerset County that he should take Thomas Toadvine late of Somerset

   John Eden    County Planter if he should be found in his bailywick and him should Safe keep so that he might have his body

vs    before the Justices of his Lordships County Court of Somerset to be held at Princess Ann Town the third tuesday

   Thomas Toadvine    of June Anno Dom. one thousand seven hundred and sixty three to answer unto James Mills & John Eden
of a plea of trespass upon the case &c and the same day is given to the afd. James and John here &c       Att which day here came the
afd. James Mills and John Eden by Josiah Polk their Attorney and the sheriff to wit Ephraim Wilson now here returned that he had taken
the afd. Thomas Toadvine Whose body here at this day he had ready to answer the afd. Mills and Eden of the afd. plea as to him it was commanded
& So forth    Whereupon the said Mills and Eden complained against the afd. Thomas Toadvine in the plea afd. in form following
Somerset fst Thomas Toadvine late of Somerset County Planter was attached to answer unto James Mills and John Eden of a plea of trespass upon
the case &c And Whereupon the said James and John by Josiah Polk their Attry. complain that whereas the said Thomas on the Twenty fourth
day of September Anno Dom. MDCCLXI at the county afd. was Indebted unto the said James and John in the sum of thirteen pound twelve
shillings and ten pence half penny Currents money of Maryland for the articles in the account hereto annexed mentioned and so thereof
Indebted being the said Thomas in consideration thereof afterwards to wit the day and year afd. at the county afd. upon himself did assume
and to the said James and John then and there faithfully promise that he the said Thomas when he should be thereto afterwards
required the sum of money afd. to the afd. James and John he would faithfully pay and content Nevertheless the said Thomas his
promise and assumption afd. in form afd. made not regarding the sum of money afd. to the afd. James and John he hath not paid
nor them for the same in any Sort Contented but that to do altogether hath refused and still doth refuse altho the same to do after_
-wards to wit the day and year afd. at the county afd. and often since that time by the said James and John Required to the damage
of the said James and John thirty pounds Current Money afd. and thereof they bring Suit &c         Pledges &c J Doe & R Roe
1760    Mr Thomas Todvine Dr To Messrs Mills & Eden Cr
   Whereupon the said Thomas Toadvine at the prayer of
May 24th    To 10 yds Edinburgs       @ 1/6    0..15..0    By 450 barrl Staves @ 35/    0..15..9    the afd. Mills & Eden is adjudged to give special bail to the action afd.

   To 2 brd: hoes         @ 5/6    0..11..0    By 1773 Hhd Do @    1..18..6    Thereupon a certain                                       of Somerset
June 24    To 4 yds Edinburgs       @ 1/6    0..6..0    By 172 Do       @    0..10..0    Security present herein Court in    proper person and under_
      27    To 1 yd. Chk. Linnen       @    0..2..6    By Cash prSon    3..0..0    -took for the said Thomas Toadvine and assumed upon

   To 2 yds: Irish Linnen       @ 2/             0..4..0    By 3 days Work @ 2/    0..6..0    that if it should happen that Judgement in the plea afd. should

   To 1 Claspe knife    0..1..0
   6..10..3    be rendred for the said Mills & Eden against the afd. Thomas
July 29    To Cash paid you    1..5..0    By Balle. due    7..2..7 1/2    Toadvine or that the said Thomas should be therein convict that

   To 2 Mens Felt Hats       @ 3/6    0..7..0
13..12..10 1/2    then he the said Thomas should pay and satisfy unto the

   To 7 1/4 yds. Stripe Linnen       @ 1/6    0..10..4    afd. Mills and Eden the Judgement of the court thereupon or render his body in Execution of such
1761 June 18    To Cr Clement Christopher    3..3..0    Judgement to the prison of the sheriff of the county afd. in satisfaction thereof or that            the

   To 1 Boys Hatt    0..2..0    said will do the same for him &c       And the afd. Thomas Toadvine by                 his Attorney
Augst 30    To 1lb pepper    0..3..0    comes and defends the force and Injury when &c and saith that he cannot deny the action afd. of the afd.
Sepr. 24    To Credit Willm Pullet    6..0..0    Mills & Eden nor but that he did assume upon himself in manner and form as the afd. Mills & Eden


  10..0..0    Above against him have complained nor but that the said Mills & Eden have sustained damages by

   To Cash paid you    3..12..10 1/2    occasion of the premises beyond their costs and charges by them about their Suit in that part apposed


  13..12..10 1/2    to Seven pounds two shillings and seven pence half penny Curt Money of Maryland and not more

  E E pr Wm. McWilliams factor
   & because the afd. Mills & Eden deny not this but the same allegation grants to be true pray Judgement



   for those damages above acknowledged together with their costs and charges afd. to them to be adjudged &c.
Therefore by consent of the parties afd. it is considered that the afd. James Mills and John Eden recover against the afd. Thomas Toadvine their damages
to the afd. Seven pounds two shillings and seven pence half penny Curt Money by the same Thomas in form afd. acknowledged as also
                                         pounds of Tobacco for their costs and charges afd. to the same Mills & Eden at their request by the court now here of the assent
of the parties afd. adjudged which certain damages in the whole amounts to seven pounds two shillings and seven pence half penny Curt Money and
214                                                                                  pounds of Tobacco and the afd. Thomas in Mercy &c


 

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Somerset County Judicial Records, 1760-1763
Volume 543, Page 151b   View pdf image
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