Volume 51, Page 411 View pdf image (33K) |
Chancery Court Proceedings, 1672. 411 John BaIley The partyes Complt and Defendt in both these suites, Liber P C ag being ready for tryall in both Causes, and because James Neale both suites relate to one and and the same Concerne James Neale the Court ordered both Causes to come to tryall at agtone time, and the Complt Balleys bill being Read, John Balley and Neales answere to the same, and all proofes and other papers touching that Cause and the Crosse bill of Neale agt Balley being also Read & all papers Concerning that Cause, and the Causes therupon Coming to hearing this day before his Excellency Charles Calvert Esq Chief Judge in Equity The Hono :ble Philip Calvert Esq Chancelour of this Province and the Rest of their Associates, Justices of this Court and upon Reading the bills and answeres of the severall Complts and Defendts and the Depositions and proofes taken in this Cause, being all by this Court seriously veiwed and Considered, and hearing of what Could be alledged on Either side, This Court was all all Clearly Satisfyed that John Balley the Complt is Joint owner of the Cargo of wines in Question, and that the account of Sales of the said Cargoe, made by Neale, and in this Court filed be referred to auditotrs to state and Examine the same, and the Cort doe hereby appointe M.r Thomas Notley and M.r Benja- min Rozer to audite state & Examine the same who are hereby Desired, to make full Examination into it, and to make Report to this Cort how they find it at the next Cort that so the Cort being fullt Satisfyed in the busines may Decree & ordr therein as in Conscience and Equity they ought and the Complt and Defendt are hereby ordered to attend the said Auditors at Mr Notleys houoc on Such day as the said Auditors Shall appointe, sometime between this and the next Cort that so the said auditors fully Examining the said account may make such Report thereof that the Cort being fully satisfyed thereby may proceed to Decree and ordr what in the premises in Conscience & Equity ought to be Done. Toby Wells This Court doe ordr the Defendt to answere by the agt rnext Co rt John Wright Edward Peerce agt Agreed. Randall Revell Jonathan Hopkins p.32 agt In this Cause it is ordered by the Court that John Wright and publication passe the next Co.rt Richard Snowden John Gould In this Cause an attachmt a proclamation to issue Joseph Sones agt the Defend for want of an answere. agt |
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Volume 51, Page 411 View pdf image (33K) |
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