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August Court 1762 177
William Adams will do the same for Him &c
And Hereupon the afd. Southy Wheeler puts in his place George Hayward Gent Attorney at Law against the afd. Allen & Dennis
of the afd. plea Whereupon at the prayer of the parties afd. Day is to them now here given until next court to be held at princess Ann Town the third
Tuesday of June then next following in the state that now saveing to the parties afd.
Att which day here came the parties afd. by their Attorneys afd. and hereupon the afd. Allen & Dennis complained against the afd.
Southy Wheeler in the plea afd. in form following
Somerset to wit Southy Wheeler late of somerset county planter was attached to answer unto William Allen and Littleton Dennis
of a plea of trespass upon the case and so forth And Whereupon the said William & Littleton by Josiah Polk their Attorney
complain that whereas the said Southy on the fifteenth day of August Anno Dom. MDCCLX at the county afd. was Indebted unto the said
William and Littleton in the sum of two pounds fifteen shillings Current money of Maryland for the articles in the account hereto
annexed mentioned and so thereof Indebted being the said Southy in consideration thereof afterwards to wit the day and year afd. at the coun
ty afd. upon himself did assume and to the said William and Littleton then and there faithfully promise that he the said Southy when
he should be thereto afterwards Required the sum of money afd. to the afd. William and Littleton he would faithfully pay and content
Nevertheless the said Southy his promise and assumption afd. in form afd. made not Regarding the sum of Money afd. to the afd.
William and Littleton he hath 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 afterwards to wit the day and year afd. at the county afd. and often since that Time by
the said William & Littleton Required to the damage of the said William and Littleton ten pounds Current money of Mary
land and thereof he brings suit &c J Doe R Roe pledges of pros
Att which day here came as Well the afd. Allen & Dennis as the afd. Southy Wheeler by their Attorneys afd. and hereupon the
afd. Southy as before defends the force and injury when &c. and says that he cannot Deny the action afd. of the afd. Allen & Dennis nor
but that he did assume upon himself in Manner and form as the afd. Allen & Dennis above against him have complained and as
to the Damage of the same Allen & Dennis by them by occasion of the premisses in that part sustained the same Southy Wheeler saith
and acknowledgeth that the afd. Allen & Dennis have sustained Damages by occasion of the premisses beyond their costs and charges by them
about their Suit in that part opposed to two pounds fifteen shillings Curt Money and not more and because the afd. Allen & Dennis
deny not this but the same Allegation grant to be true pray Judgement for these damages above acknowledged together with their
costs and charges to them to be adjudged &c. Therefore by consent of the parties afd. it is considered that the afd. Allen
& Dennis Recover against the afd. Southy Wheeler their Damages afd. to the afd. two pounds fifteen shillings Curt Money by the
afd. Southy in form afd. acknowledged as also
223 pounds of Tobacco for their Costs and charges to the same Allen & Dennis at their Request by the court now here of the
assent of the parties afd. Adjudged which certain Damages in the whole amount to two pounds fifteen shillings Curt Money
and pounds of Tobacco and the afd. Southy in Mercy &c.
the Justices of his Lordships county court of somerset to be held at princess Ann Town the third Tuesday of March Anno Dom. one
thousand seven hundred and sixty two to answer unto John Dennis of a plea of trespass upon the case &c and the same day is given to
the afd. John here &c Att which day here came the afd. John Dennis by William Hayward his Attorney and the sher
riff to witt Ephraim Wilson now here returned that he had taken the afd. Benjamin Burridge whose Body here at this day he had
ready to answer the afd. John Dennis of the afd. plea as to him it was commanded Thereupon
Burridge at the prayer of the afd. John Dennis is adjudged to give special Bail to the action afd. Whereupon a certain
Thomas Hayward present here in court in his proper person undertook for the said Benjamin Burridge and assumed upon himself that if it
should happen that Judgment in the plea afd. should be rendred for the said John Dennis against the afd. Benjamin Burridge or that the afd. Benjamin should
be therein convict that then he the said Benjamin should pay and satisfy unto the afd. John the Judgement of the court Thereupon or render his body
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