Volume 748, Page 21 View pdf image |
1671
21 John Halfhead Comp.lt ag.t The partyes p.lt and Defend.t having Replyed, and the cause Joseph Edloe defend.t being appointed for hearing this Court, and the Defend.t being served with a subpoena to heare Judgement, does appeare and the Comp.lts Attorney likewise, the cause thereupon coming to hearing this day before his Excellency Charles Calvert Esq Cap.t Genall of this Province and Cheif Judge in the Rest of their Associates Justices of this Court and upon hearing and Debating thereupon, and upon Reading the Comp.lts bill and the Defend.ts answere thereunto, with the Depositions and proofes taken in this Cause being all by this Court seriously viewed and Considered, and hearing of what could be alledged on Either side, This Court was all Clearly satisfyed That the Depositions taken in this Cause for the Complainant be Entred upon Record, and so preserved for the future, that they may be good Evidence for the Comp.lt touching the land in the bill and answere mentioned, in case the witness should dy before the same Come in Dispute, and that the bill be dismissed out of this Court as to any Judgem.t to be had thereupon, and that the p.lt Halfehead pay the Defend.t Costs, since the intention of the filing of that bill was only to p.rserve his Evidence, and their being no Reason the Defend.t should be at the Charge to preserve the same. It is therefore ordened and Decreed by this Court that the Depositions taken in this Clause for the Comp.lt be Entred upon Record, in the Records of this Court, and that the bill be Dismissed out of this Court as to any Judgem.t of this Court to be had touching the same, And this Court doe further order adjudge ordaine and Decree that the Comp.lt John Halfhead pay to the Defend.t Joseph Edloe the sume of Two Thowsand pounds of Tobacco for his Costs accordingly Interrogatoryes Exhibited by John Halfhead for the Examination of witnesses in a Cause depending in Chancery betweene the said John Halfhead Comp.lt and Joseph Edloe defend.t Imp.rnus Doe you Know the p.lt and Defend.t Secondly Did you Know Barnaby Edloe in his life time, and how long is it since he Deceased, and of what age he was at the time of his Decease Thirdly Whether or no was the said Barnaby the Eldest sonne of his father Joseph Edloe declare the truth according to the best of your Knowledge Fourthly Whether or no did Joseph Edloe the father of Barnaby Edloe dy intestate declare the truth to the best of your Knowledge Hugh Hopewell of Sackawit in Patuxent the 18.th day of February 1668 was sworne William Asbiston of St Michaels hundred in St Maryes County planter sworne the same day Philip Calvert Depositions and Examinations of witnesses taken upon on this 18.th day of February 1668 before the hono.ble the Chancelour in a cause |
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Volume 748, Page 21 View pdf image |
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