Middlesex Court Case #63 (1762-1763): Brown, Preserve (Estate); Brown, Richard; Brown, William; Jones, John (Executor of Preserve Brown) v. Bonell, Samuel

Transcription of Middlesex Court Case #63 (1762-1763):  Brown, Preserve (Estate); Brown, Richard; Brown, William; Jones, John (Executor of Preserve Brown) v. Bonell, Samuel

Middlesex Pleas

Rich. Brown } Case 

William Brown } Debt

& John Jones Ex’rs Ye } £18.12.2

v }

Samuel Bonell }

Cepi Corpus in Curty

Sam’el Throckmorton

Special Bail Given Shf

Middlesex Js. George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith.  To our Sheriff of our County of Middlesex, Greeting we command you that you Take Samuel Bonell Other wise Called Samuel Bonell of Winsor in the County of Middlesex in New jersey if within your Bailwick he may be found & himself safely keep so that you may have his Body before our Judges of our Inferior Court of Common Pleas to be held at Perth Amboy in & for our said County of Middlesex on the Third Tuesday in July Next.  To answer Richard Brown, William Brown, and John Jones Executors of the Last will and Testament of Preserve Brown deceased of a Plea That he Render unto them the Sum of Eighteen Pounds Twelve Shillings & Two Pence which from them he unjustly Detains & As tis Said  / And have you then & there this writt 

Witness James Thornson --- Esq Judge of our said Court at Perth Amboy Afors’d in the County Afors’d the twenty first Day of Aprill in the Second Year of our Reign

Pidgeon Atty Smyth Clk

Middlesex Pleas

Rich’d Brown } Ca. Sa. 

Will. Brown } gr Debt

& John Jones Ex’rs }

v }

Samuel Bonell }

1760 8^th April Bill for £9.6.1

payable y’r Jan 7 1761

To the Interest from y’r Jan 7

his paid

To the Costs Fand ----------£

Cepi Corpus in Curty

Sam’el Throckmorton

Special Bail Given Shf

Milage 5/4

Middlesex Js. George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith.  To our Sheriff of our County of Middlesex, Greeting we command you that you Take Samuel Bonell Otherwise Called Samuel Bonell of Winsor in the County of Middlesex in New jersey if Within your Bailwick he may be found & him safely keep so that you may have his Body Before our Judges of our Inferior Court of Common Pleas To be Held at Perth Amboy in & for our said County of Middlesex on the Third Tuesday in January Next To Satisfie Richard Brown, William Brown, and John Jones Ex’rs of The Last Will & Testament of Presserve Brown deceas’d as well of the sum of Eighteen Pounds Twelve Shillings & Two Pence Which The said Richard William & John in our said Court Before our said Judges at Perth Amboy in the County of Middlesex Against him Hath Recovered of Debt as Also five pounds three shillings and seven pence ----------------

Proclamation money Which To The said Richard Willand & John in our said Court Before our said Judges At Perth Amboy afores’d In The said County of Middlesex were Adjudged for his Damages which he Hath sustained as Well by Occasion of Detaining of that Debt as for his Costs & Cahrges by him About his Suit in That Behalf Expended Whereof The said Samuel was Convicted As To us appears of Record and have You Then & There This Writt Witness James Thornson --- Esq. Judge of our said Court at Perth Amboy Afors’d In The County Aforsaid The thirteenth Day of October In the Second Year of our Reign

Pidgeon Atty Smyth Clk

Middlesex Pleas

Richard Brown }

William Brown }

& John Jones Ex’rs } Narr

&d’o } in Debt

v }

Samuel Bonnell }

of July Term 1762

fil’d August 11 1762

Smyth Clk

I acknowledge I have Reciv’d from William Pidgeon Attorney for the above named Plaintiff a copy of the Declaration Filed In the above Cause, with the Usual Rules Thereon Indorsed as Witness my hand This eleventh Day of August 1762 

Sam’el Throckmorton Shf

Middlesex Inferior Court }  of July Term In The year of our Lord one Thousand Seven Hundred

of Common Pleas } and Sixty Two

Middlesex Js.  Samuel Bonnell Otherwise Called Samuel Bonnell of Winsor in the County of Middlesex in New Jersey was Summoned To answer Richard Brown William Brown & John Jones Executors of The Last Will & Testament of Preserve Brown Deceased of a Plea That he Render unto Them The Sum of eighteen Pounds Twelve Shillings & Two Pence which from Them He unjustly Detains &c’a And Whereupon The said Richard Brown William Brown & John Jones by William Pidgeon Their Attorney Complains That Whereas the said Samuel Bonnell The Eighth Day of Aprill in the Year of our Lord one Thousand Seven Hundred & Sixty At Perth Amboy in the County of Middlesex and within the Jurisdiction of This Court by his Certain Writing obligatory Did Acknowledge Himself To be held & Firmly Bound unto The said Preserve Brown /in his Life Time/ in the aforesaid sum of Eighteen Pounds Twelve Schillings & Two Pence money aforesaid To be Paid To The Said Preserve or To his Executors when he The said Samuel Should be Thereunto Afterwards Required  Nevertheless The aforesaid Samuel / Altho often Required or aforesaid  Samuel Eighteen Pounds Twelve Shillings & Two Pence To him the said Preserve Brown / in his Life Time / or To Them The said Richard William and John since the Death of him The said Preserve or to Either of Them Hath Not Paid But The Same To The said Preserve / in his Life Time / or To Them the said Richard, William & John as yet to Pay Still Doth Refuse and Unjustly Detain &c’a & bring hereunto Court the Writing obligatory afores’d which the Debt aford’s in the fonner forns Witnesseth whose Date is The Same Day and year abovesaid

Pidgeon Quer } Plegii &c’o

Defend. in Custody  }

Middlesex Js. Rochard Brown William Brown & John Jones Executors of The Last Will and Testament of Preserve Brown Deceased Puts in Their Place William Pidgeon Their Attorney Against Samuel Bonnell otherwise called &c’a in a Plea of Debt &c’a

Know all men by These Preents That I Samuel Bonell of winsor in the County of Middlesex in New Jersey am holden & Firmly Bound unto Presserve Brown of Nottingham in the County of Burlington in The Sum of Eighteen Pounds Twelve Shillings & Two Pence To be Paid To The daid Presserve Brown or To his Certain Attorney Hiers Adm’trs or assigns Thowhich Payment well & Truly To be made I do hereby Bind my self my heirs Ex’rs and Adm’trs firmly by These Presents sealed with my seal & Dated This Eighth Day of Aprill in The year of our Lord one Thousand Seven Hundred & Sixty

The Condition of This obligation is Such That if The above Bounden Samuel Bonell or his Heirs Ex’rs or Adm’trs do well & Truly Pay or Cause to be Paid unto The above said Preserve Brown or To his Certain Attorney Heirs Ex’rs Adm’trs or assigns The Sum of Nine Pounds Six Shillings & of Like Current money as abovesaid and That at or Before The first Day of Janueary next Insuing The Date hereof withour fraud or any farther Delay

Sealed & delivered } Sam’l Bonnel [Sealed]

In the Presence of }

Middlesex Pleas

Richard Brown }

William Brown & } Judgment

John Jones Ex’rs of } Roll

Presserve Brown }

Deceased }

fil’d Novbr 22 1762

Smyth Clk

Pleas Before John Anderson Esq. and his Brethren Judges of the Inferior Court of Common Please Held at Perth Amboy in & for The County of Middlesex of The Term of October in The Year of our Lord one Thousand Seven Hundred & Sixty Two.

Smith

Middlesex Js. Richard Brown William Brown & John Jones Ex’rs of The Last will and Testament of Preserve Brown Deceas’d Puts in Their Place William Pidgeon their Attorney Against Samuel Bonell Otherwise Called Yc’a in a Plea of Debt

Middlesex Js. Samuel Bonell otherwise Called Samuel Bonell of winsor in The County of Middlesex in New Jersey was Summoned To answer Richard Brown William Brown & John Jones Ex’rs of The Last Will & Testament of Preserve Brown Deceas’s of a Plea That he Render unto them the Sum of Eighteen Pounds Twelve Shillings and Two Pence Which from Him he unjustly Detains Yc’a And Whereupon the said Richard Brown William Brown & John Jones by William Pidgeon Their Attorney Complains That Whereas The said Samuel Bonell The Eighth Day of Aprill in the year of our Lord one Thousand Seven Hundred & Sixty at Perth Amboy in The County of Middlesex and Within the Jurisdiction of This Court by his Certain Writing obligatory Did acknowledge himself To be Held & Firmly Bound Unto The said Preserve Brown in his Lifetime in The aforesaid sum of Eighteen Pounds Twelve Shillings & Two Pence money aforesaid To be Paid To The said Preserve or his Executors When he the said Samuel should be Thereunto afterward Required Nevertheless The Aforesaid Samuel Altho often Required .  The Aforesaid Sum of Eighteen Pounds Twelve Shillings & Two Pence To him the said Presserve Brown / in his life Time / or To Them The said Richard William & John since The Death of him The s’d Preserve or To Either of Tem Hath Not paid but The same To The said Presserve in his Life time  / or To Them The said Richard William & John since his Death no together Hath Richard / & Tiosnine To Him the s’d Richard William & John To Pay Still Doth Refuse & Unjustly Detains so one Damages The The said Richard William and John Ten Pounds money afores’d.  & Thon of They Bring This Suit and Bring into Court The Writing obligatory Aforesaid Which the Debt Aforesaid in form Afores’d 

Witnesseth Whose Date is The Same Day & year abovesaid ~ and the aforesaid Samuel Bonell / in his Proper Person /  comes & Defends The force & Inquiry When &c’a and Saith Nothing in Bar or Preclusion of the Action of the afors’d Richard Brown William Brown & John Jones by Which the same Richard, William, & John Remaine Against the aforesaid Samuel Without his Defense Thenir Therefore it is Considered That The Aforesaid Richard William and John Do Recover Against The Aforesaid Samuel Their Debt Afors’d & Their Damages by Occasion of Detaining of That Debt, To five pounds three shillings and seven pence ---- Proclamation money adjudged by the Court here To The same Richard Brown William Brown & John Jones on Their assent and The aforesaid Samuel Bonell In Mercy &c’a

Judgement Signed This XXII Day of November 1762

John Nevill

Middlesex Pleas

Ex’rs of Pressence }

Brown Deceas’d }

v }

Sam. Bonell }

To be Tax’d and ret’d

Middlesex Pleas

Rich’d Brown William Brown }

& John Jones Ex’rs of P. Brown } In Debt

Deceas’d } &c’a

v }

Samuel Bonell }

Nac. & July Term 1762 £

Warr. of Att’y Copy & fil. 0.1.9

Retaining fee 0.6.0

Writt seal &c’a 0.4.6

Sherriff 0.10.9

Motion for the Body 0.6.0

Rule Jude Copy & Serv. 0.3.6

Rule to Declare 0.0.6

Rule to Plead Copy &c’a 0.3.6

Judge Cryer & T. fee 0.8.2

Draw. Decl. 0.5.0

Copy & fil. 0.2.11

Copy To Serve on Sherr & Sen. 0.3.11

Copy B’d & fil. 0.1.6

Draw Sher. Ret. 0.1.0

October Term 1762

Read & fil. Sherr. Rec’t 0.1.0

mot. for Judgm’t Int. & T. fee 0.12.6

Ent. Decl. on The Roll 0.3.4

Ent. 1 Warr. on D’o 0.0.9

Ent Judgm’t on D’o 0.5.0

Tax. Cost & Sign Roll 0.3.0

Copy Cost To file 0.1.0

Clk fil. Roll & Copy Cost 0.1.0

Draw Ex. Seal &c 0.3.6

January Term 1762

Other Lt Writt 0.6.6

mot for Com.~ Int. & T. fee 0.13.0

£ 5-3-7

I tax this bill of cost at five pounds three

shillings and seven pence procl’n money

John Neville