.MTc4NTM.NzMxMjk

From Transcribe Wiki
Revision as of 09:54, 19 March 2019 by Alearnard (Talk | contribs)

Jump to: navigation, search

John Sherman being sworn and examined saith that in a suit brought by John Mercer against Nelson and an attachment served in the hands of one Spiller that the said Mercer advanced in court that the garnishee could not be allowed his discount because he had not attached in his own hands upon which one of the court asked Mr Mercer whether he affirmed that to be law which the said Mercer said he did and that it was law and the practice of other courts and another of the justices speaking to the said Mercer to the same purpose the said Mercer said wth: a smile you may hold your tongue for it is your own case in Stafford and he believes the discount was not allowed by the court and he believes the said Mercer did not design to affront the justices in saying he might hold his tongue and that he does not know of any unfair practice of the said Mercer in Prince William court other then what is contained in this deposision and that the said Mercer has had the oppertunity of being some suits against the deponent wch he did not bring out of favour to this deponent Mercer brought a suit in the said court on a bill found among the papers of Elias Horse said to be made by one Johnson payable to Whiteman that it appeared to the court that there was no such person as Whiteman but that Thomas Cabe the subscribeing swore he made the bill by Johnsons order and that upon the bill the court gave judgment and it was entered up for Whiteman with costs and that a suit being brought against an acting executor the said Mercer prevailed on the court to have the suit dismiss because all the executors were not included and the said deponent saith that upon a petition brought in the name of Thomas Chapman against the executors of John Lewis and Leonard Barker obligatory to give Chapman an inspectors note for four hundred pounds of tobo. or there about by a certain time in the said note [satisfied?] Chapman not being able to come to court caused a letter to be wrote to the court to inform them that he knew nothing of bringing the said petition and that John Lewis in his life time had complyed wth: the same note and given him an inspectors not for the sum mentioned in the same Thomas Lewis one of the executors of the said John Lewis produced a [receipt?] to the same effect Mr: Mercer opposed the reading of Chapmans letter and prevailed wth: the court so far that it was not read altho there was a wittness present to prove the said letter and receipt and that neither the said letter or receipt was of any use for that if Chapman was in court himself to forbid it he had still a right to maintain the petition and that this suit was brought sometime last Summer (as he believes) that upon being asked by one of the court whether the said Mercer had a right to bring suits in other peoples names without their consent he said he had and would and would bring suits in the names of any other persons in the like case and upon one of the courts asking Mr Mercer who would pay the clerks fees in the said suit Mr Mercer made answer and said Collo. Mason would pay them and wee know how to charge them

[in pencil] 3