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Re: #1 Hertzog migration west
Posted by: John Hartsock (ID *****4343) Date: March 06, 2004 at 12:54:59
In Reply to: #1 Hertzog migration west by Coco of 328

Hi Coco,

You post concerning the trials and tribulations of New Jersey are interesting and fit with someof the information that I have acquired, although the plaintiff was probbly Peter's brother. Wish I could find the original suit in the New Jersey records. Maybe someone else has a copy of it. Here is what I have:

"Sometime before 1749, Peter moved to Frederick County, Maryland. The law suit brought against him by Henry Hartsoke (his brother/) states that he was late of Frederick County. This may be a continuation of the lawsuit Howard Dale Hartough described in his book that was filed in New Jersey by Handrick against his brother Peter. I have not been able to find the record of that suit. Mary Mae Hartsough transcribed the suit below and although a great deal is unreadable, it looks as if there was a settlement of the grievance.

"Judgement Records, Frederick Co. 1748-50. June Court 1749. Page 73.

Peter Hartsoke per suit (against) non pras
Henry Hartsoke

Frederick County SS: It was commanded the Sheriff of the County aforesaid that he should take Peter Hartsoke, late of Frederick County, Farmer, if he should be found in his Bailiwick and him safe keep so that he should have his body before his Lordships Justices of his Lordships next County Court to be held at Fredricktown in said County on the third Tuesday in March there next to answer unto Henry Hartsoke of a plea of Trespass upon the case that thereof he should not fall at his peril and that he should have then and there that Witness --

At which day to wit the third Tuseday of March aforesaid in the Thirty-fourth year of his Lordships Dominion being the day of the return of the aforesaid Writ comes this said Henry Hartsoke in his proper person and the Sheriff of Frederick County to whom the same Writ was directed also Comes and makes return thereof to the Court there endorsed.
Copi John Thomas, Sherf --
and the said Peter Hartsoke by David Dulaney, Junior, his Attorney comes and defends the farce ? and injury when ?T and prays license thereof to Imparl here until the next County Court to be held at Frederick Town in the County aforesaid on the third Tuesday in June next and he has it and same day is given the said Henry Hartsoke here Ct at which day to wit the third Tuesday in June aforesaid Come here at the Town aforesaid before the Justices of the Court here as well the said Henry Hartsoke in his proper person as the said Peter Hartsoke by his attorney afd. And the said Henry Hartsoke in his proper person aforesaid says that he will not further prosecute against this said Peter Hartsoke therefore the said Peter Hartsoke thereof go without ? day and the said Henry Hartsoke in Mercy Zd?.

June 20th, 1749

It is also considered by the Court here that the said Peter Hartsoke recover against the said Henry Hartsoke one hundred and ninety-six pounds of Tobacco for his costs and charges by him about his defense in this part sustained by the Court here of the said Lord the Proprietary of the ascent of the said Peter Hartsoke adjudged and that thereof he have Execution Zd?.

Note: It was impossible to decipher some of these words -MMH."


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