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North Carolina Higher Court Minutes
Source: NC Higher Court Minutes; Vol. 5. (1709-1723)
Abstracted by Wm. S. Price from North Carolina Colonial Records (Second Series)

July 1722

 SWANN vs. BUTLER

Thomas SWANN of Curratuck Precinct comes to prosecute his Suite against Christopher BUTLER in a plea of Debt and in his own person demands of the Said Defendant that he do render to him the Sum of five Pounds Current money of this Province which to the plaintiffe he oweth and from him unjustly detaineth for that whereas the said Defendant on the thirteenth day of June One thousand Seven hundred and twenty One by his Certain Bill Signed by the Said Defendant whose Date is the Same day and year aforesaid which Bill is filed in the Office of this Court became indebted to the Said Plaintiff in the said Sum of five Pounds Current money as aforesaid to be paid to the Said Plaintiff when he the said Defendant Shoud be thereunto requested Yet the said Defendant the said Sum of five Pounds to the plaintiff hath not paid but the same to pay hath and doth Still refuse tho often requested thereunto Whereupon the Same Plaintiff Saith he is damnyfied Ten Pounds and thereupon he brings this Suite etc.

And the Said Christopher BUTLER (being Solemnly called) came not and the Marshall having made returne that he had left a Copy of the Writt and Declaration at the Defendante’s house as Directed by an Act of Assembly in that Case made and Provided.

Attachment:  It is therefore Granted at the Plaintiffs Motion that an Attachment be Issued out against the Goods and Chattells of the said Christopher BUTLER thereby to compell him to appear and Answer the Suite of the said Plaintiff returnable to the next Court on the last Tuesday in October next.

Permission kindly given by Donna E. Kelly, Administrator Historical Publications Section N.C. Office of Archives and History Department of Cultural Resources, Raleigh, NC.  Be sure to visit their publications site at: www.ncpublications.com.  These records were submitted by Judy BrickhouseNo part of these records may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research.

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© 2006 Kay Midgett Sheppard