Volume 10, Page 270 View pdf image (33K) |
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270 Court and testamentary Business, 1650 53.
Liber B. that the deft Shall pay or be responsible for the Come Soe to be paid with Court Charges. Stauhop Roberts plt The Complt Sues the defendant mr Robert Clarke Surveyr deft upon an Acon of the Case for that he being his Ldp Surveyor Generall and having a Warrant in his Custody to Survey for the plte one hundred acres of land upon Drapers Neck near Barnaby Jacksons land on the Bay Side, and the plte haveing desired a Survey thereof and to attend the Surveyor for that purpose, he the defendt Never- theless had injuriously (though he was at that instant told by Barnaby Jackson that, that was the Neck of Land which the plte Claimed by his Warrant) Surveyd the Same for ffrancis Brookes upon a more generall Warrant, which did not Specific that Neck and was Granted after the pltes Warrant, To which the defendt by his Answer alledged that the plt had not offerred him that attendance or assistance which the Act of Assembly had appointed in that behalf, And ffrancis Brookes present in Court alledgeth what he thought fitt to maintaine his Title in the land in question, But it appearing to the Court upon pro- duceing the Severall Warrants of the plte & Brookes upon Record, and upon the attestation of Barnaby Jackson that the plt was injured in the Busieness, It is ordered that the Complt Shall have one hundred acres upon the Said Neck where he Shall make Choice according to his Warrant, And that the Surveyor lay out for ffrancis Brooks two hundred Acres in Sonic other place not yet taken up if Brookes Shall desire the Same
Waiter Peakes plt The Complts Suit being for 800 l weight of John Hamond deft Porke and Seven Barrells of Corne due to him from the defendt for payment whereof the deft assigned over to the Complt a Bill whereby Hugh Lee was bound to the deft for paymt of the Same quantity of porke & Come & that upon a Tryall at Checacone upon an Action brought by the now Complt agt Hugh Lee for the debt, The Court there disallowed of the Bill, Soe as the plte is Still unsatisfied, In which respect he craves reliefe against the nowe defendt to which the Defendant by his Answer confesseth he was indebted to the Compit the whole Sume now Claimed, and for his Satis- faction assigned to him the foresaid Debt from Hugh Lee further Expressing himself willing upon the pltes produceing the Said order of Checacone Court whereby the Court may be further Satisfied touching the disallowing of the Debt aforesd by that Court, to give the Complt Such Satisfaction touching the Debt & Damages by him Claimed as this Court Shall upon further hearing think fitt, the Same being by his
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Volume 10, Page 270 View pdf image (33K) |
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