Volume 20, Page 357 View pdf image (33K) |
Proceedings of the Council of Maryland, 1694 97. 357
hands by Vertue of the sd sentence the Sd George Lingan hath Lib. H. D. humbly complain'd vnto his Exncy for Redress, who therevpon P 236 sent for the Commissary; but some extrordinary matter hap pening which hindred his attendance, he sent a Letter of excuse, therein signifying that he did not know any legall way how to free the Estate from the present intanglemts but by a Commission of Review, saying he is outed of all Jurisdic tion of the Cause by Removall of the Commissaries Record before the Delegates. His Excellency is therevpon pleased to observe that through the Vilany of the said Crau ford, who was at first made only Admr in trust for the vse of another, the matter is brought to such a dilemma for want of speedy proceedings therein (a Commission of Review not being pos sible to be had before ffebry Court next, severall Gentlemen of the Councill living on the other side the Bay who should be vpon the same, and most Gentlemen living on this side were of the Court of Delegates) that his Exncy does think himself bound in conscience, as the case stands (it plainly appearing to him a designed Cheat & a Juggle from the very begining & through the whole course of the sd Craufords Proceedings by still detaining the sd Estate in his hands, to Enrich himself; though notwithstanding he has been proterred security by the said Harrison & Lingan (both before & now again in the presence of his Exncy to save him harmless from all damage & to Cancell his Bond) for to take the best methods at present to preserve the sd Estate for the vse of the heirs & Creditors which inevitably now goes to Ruin; the Tobacco & other Debts amounting to a considerable Sume still lying uncollected & not likely to be Collected this year, though in all proba bility a good price might this year be had for Tobacco, which might redound to the benefit & profit of the heirs & Creditors aforesd besides through letting Debts lye long severall persons may become insolvent; for the said Reasons and for that the sd Crauford got himself craftily possessed of the sd Estate on purpose (as his Exncy is well informed) that he might favour some persons who were in combination with him & Debtors to the sd Estate, that afterwards (according to the custom of the Countrey) he might by an vnder Appraisemt get halfe the Estate to himself - and lastly that by his Endeavouring to intangle the same so in Law (according to the custom of the Countrey also that he might bring an ill Report thereon whereby it might be vndervalued & by that means procure a p. 237 purchase of the whole Estate to himself or others; His Excell does therefore advize the aforesd George Lingan for to pro test against the sd James Crauford for all damages whatsoever which may any wayes Ensue vpon the said Estate by Reason of him the said Craufords detaining the samein his hands, and
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Volume 20, Page 357 View pdf image (33K) |
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