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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 107   View pdf image (33K)
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       Court and Testamentary Business, 1649-50. 107






       will be disengaged of the bargain and be free to dispose of the Libcr B.

       house in question to her best profitt which Expressions being

       used to the Governor By the Defdt in her Letter upon a Suit r. 230

       depending She absenting herself out of the Province and will-

       fully refusing to appear, this Court doth apprehend can amount

       to noe less then a Slighting and Contempt of this Court and

       Governmt, And doth therefore and for the reasons before

       Shewed think fit upon the Complaynts mocon to proceed to the

       hearing of the Cause the Defdts absence notwithstanding, And

       the Complaynts Suit being to be relieved against the Defdt for

       a Sufficient Conveyance of the house and one hundred acres

       of Land thereunto belonging at St Maries where he now

       dwelleth with warranty against all Just claims according to

       agreement, the Complaynt not distrusting the Defdts per-

       formance of the bargain on her part, having bestowed Very

       great charges upon the premisses and as appears by the Order

       of 20th of November last the Defendt Confessed She once

       Offered Such warranty, And by the Deposicons of Mr Thomas

       Johnson and Elizabeth Parry now produced it appears that

       the Defdt did make an absolute bargain and Sale of the prem-

       isses to the Complaynant for the Consideracon of ifour thou-

       sand five hundred pounds of Tobacco and Cask, and was

       willing to put her hand to a bill of Sale thereof with warranty

       against all Just claymes and that She received Some goods in

       part of paymt which also appears by her Letter to the Corn-

       playnt of the 22th of July 1650 now also produced Upon all

       which Deposicons Letters and other proceedings, It is by this

       Court Ordered and adjudged that the Complaynt his heirs and

       assignes Shall forever hereafter have hold and enjoy the quiet

       and peaceable possion of the house and Land in question

       against the Defdt and all claiming by from or under her or her

       title, And that the Complt Shall Satisfie and pay to the Defdt or

       her assigncs the remainder yet unpaid of the four thousand and

       five hundred pounds of Tobacco and Cask being the Consid-

       eracon for the purchase before expressed And upon payment p. 231

       thereof, Sometime before the first of January next being Law-

       fully demanded, or in default of Such demand by that time

       upon Sufficient tender thereof for the use of the Defdt or her

       Assignes Sometime in January next in Some one or two places

       betwixt St Georges River and Brettons bay, The Defdt her

       heirs Extors or Admrs Shall make unto the Complt a Sufficient

       Conveyance or Bill of Sale of the premisses with warranty

       against all Just claimes according to her agreement proved

       upon Oath, and that in respect of the Defdts non residencey

       here and it being doubtfull how Soon She may further absent

       herself where She cannot be found or compelled to the per-

       formance thereof It is further Ordered that upon payment or


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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
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