Volume 10, Page 146 View pdf image (33K) |
146 Court and Testamentary Business, 1649 50.
Liber B. Shipping could not come in by the day limitted by the Cove- nant with other allegacons, And thereupon & upon Consider- acon had of the Defdts Covenant to deliver the Complt three Men Servants out of all the Servants he Should bring in to be chosen by the plt and noe men Servants being brought in whereby the plt might make his Choice according to the Cove- nant in regard of the great consideracon therein Menconed, The Court Conceiveing that the Complt ought in Conscience to have relief in that respect upon the Covenant as well as the Defdt in equity Doth therefore Order that the Compit Shall enjoy the Said Vincent Acheson of whome he is already possed for his full time of Service according to the Defdts assignment expressed in the Covenant, And that the Defdt Shall by to morrow at Noon bring five men Servants to the Court, that there may be Chosen out of them two Such Sufficient able Servants for the Compit as the Court Shall conceive may be answerable to the Covenant and the Consideracon therein menconed, And in defalt of bringing them in by that time or that they prove not Such as the Court Shall approve of for the purpose aforesaid, the Complt is then after forthwith to have other two Servants according to the assignment upon the Covenant before menconed
ffrancis Van-enden plt Upon the Defdts mocon It is Ordered Capt Wm Mitchell Deft that the hearing of this Cause be respited till the next Court who is in the mean time to make ready his proofs preremptorily.
p. 279 Wm Marshall plt The plt Sues for eighty pounds remaining due Wm Edis Defdt of a Bill for a greater Sume the plt having de- livered up the Bill to the Defdt upon his promise to Satisfie him the Said remainder, To which the Defdt Confesseth there was eighty pounds of Tobacco unpaid after the Bill was deliv- ered up and Saith according to the pits appointment he allowed it him in Mr Husband's hands, And the Court upon mocon made on the pits behalf doth respite the further hearing of the Cause till the next Court who is then to produce his proofes.
Capt Wm Mitchell plt The Complts Suit being for a heifer with Mr Phillip Land Deft her Increase which the Defdt by Covenant under his hand was to have delivered to the plt by the last of April 1651, the plt lending the Deft a man to bring her to St Thomas's the pits then dwelling house, And the Defdt acknowl- edgeing the Covenant, It is Ordered that the Deft Shall within one Month now next ensueing deliver to the Compit a heifer with Calf or a Calf by her Side, at the house aforesd the plt lending him a Man to help bring her hither, if it be required,
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Volume 10, Page 146 View pdf image (33K) |
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