Volume 10, Page 386 View pdf image (33K) |
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386Court and Testamentary Business, 1654.
Liber B. wch delay and unconscionable proceedings of the Said Hamond your Petitioner requesteth this Honble Court to Examine and p. 600 relieve your Petitioner herein as according to equity & Con- science Shall Seem Expedient And he Shall Ever pray &c.
Walter Pakes pite The Compltes Suit being for 4500 l of mr John Hamond deft Tobacco and Caske for which he Sold the defendant his plantation as by the pltes Petition preferred in March Court last appeare, the Cause having ever Since Stood in reference, The defendt by his Answer Saith that he did agree to pay 4500 l of Tobacco & Caske for the Said Plantacon, And that towards Satisfaction thereof he paid mr Phillip Land Six hundred pounds of Tobacco and there remained due to him for a feather bed Sold the plte five hundred and that the pite remitted 2800 l Tob: part thereof upon his the defendt entring into a Covenant to be his Attorney or Solicitor in the differ- ence betwixt him and Paul Sympson, And that he gave the plte a Bill in January last for 600 ll of Tobacco and Caske being the Remainder of the Said debt, Whereupon the Complt (ac- knowledging the rest) denyed that he remitted the 2800 l Tob: upon the defendants Entring into the Covenant aforesd which he Entred into gratis without Expectation of any Satisfaction for his pains therein as appears by the Same now produced, And the defendant being not now able to prove any remission of the Said 2800 l Tobacco desired respite till the Next Court for his proofe therein, It is thereupon Ordered that the hear- ing be respited till the Next Court, And the Court will then upon the hearing (which is then to he pemptory) consider of fitting Satisfaction in respect of the delay menconed in the pltes Peticon this day Exhibited if there be Cause, All other differences now depending in Court betwixt the Said parties being by Consent on both Sides till then respited.
John Hamond plt Upon reading of a former Order made mE Cuthbt ffenwick deft in this Cause the 4th day of March last the Matter having Ever Since Stood in reference and both parties now attending forasmuch as the defendt hath not yet per- formed the direction of that Order as touching the proofe therein Mentioned, It is now ordered that the defendt do pay to the Compit three hundre and fifty pounds of Tobacco and Caske for the Carpett and other things Menconed in that Order and in the pltes Peticon then Exhibited to be detained from him by the defendt with Court Charges
The plt by his Attorney Sues for Capt Henry ffleet by mr 1 John Hallowes his Attorney plte 490 of Tobacco and Caske due by William Edwyn defendant the defendt to one Thomas ffrancklyn
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Volume 10, Page 386 View pdf image (33K) |
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