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Proceedings of the Provincial Court, 1658-1662
Volume 41, Page 109   View pdf image (33K)
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Provincial Court Proceedings, 1658. 109


finishing of his Cropp tht he had planted tht yeare vpon the Plantacon
af oresd wch your Petir did willingly agree vnto: But soe it was tht the

sd Iline at Oct. Court in the yeare aforesd Commenced a suite of Law
Against the aforesd Brookes for his vnjust Molestacon of the sd Iline
upon the sd Plantac. prtending A Right & Title therevnto wch the sd
Brookes through his obstinance or willfullnesse, or dislike to the
then prsent Governt in hopes & Expectacon of A suddaine alteracon
thereof, or for what other Causes or reasons I Know not. But the sd
Brookes would not make any defence, or Pleas against the sd Iline
by wch meanes the sd Iline obtained an order from the sd Court, to
recover his damages of any tht had molested him in his prtended
title to the sd Land wch this Petr beinge prsent at the said Court ex-
hibited a Bill of Sale tht he had of the sd Brooks for the aforesd
Land, wch the said Brookes did not disowne But did ffreely Acknow-
ledge the same, And did declare That he did not thereby vnjustly
molest the sd Iline & further the sd Iline Prosecuted this Petr in the
Action or suite aforesd at the next Court holden for Kent where yor

Kent Co.
Ct. Recs.

Petr was Cast in the sd Action By wch yor Petr was Disposest of his
Plant, & ordred to pay the Charge of the aforesd suite, wch did
Amount vnto 747l Tob. & Caske, And notwthstandinge all the aforesd
pceedings, yor Petr is able to prove, tht the sd Iline had noe other Just
Title vnto the aforesd Land, But mayd vse thereof only by pmition
of the sd Brookes & Rent payd by the said Iline vnto the sd Brookes
for the sd Land, for one yeare According to Agreemt By wch pceed-
ings It appeares tht the sd Iline by his prtended Title & his Illegall
pceedings, hath most vnjustly molested & disposest yor Petr of his
Just Right & Intrest to the sd Land, And that likewise Mr Tho :
South who hath bought the prtended title of the sd Iline or any other
tht are now Posest, of the sd Land ware not unacquinted with the
damage & great sufferings of yor Petr & his Just title vnto the said
land, doe not onely Keepe Posescon thereof and have mayd vse of
the same for their proftt & Advantage from the 25th of Aprill 1655,
wth out any Consideracon or Composicon, mayd wth yor Petr But
have on the Contrary vsed all wayes & menes, most Illegally and
vniustly to Circumvent & Defeate yor Petr forever of his just clame &
Title therevnto, And as yor Petr doth humbly Conceive, may be found
Contrary & repugnant to Law in such Cases pvided, for the now

P. 109

Possesers of the sd Land, Knowing It to bee sufitiently Proved tht
the aforesd prtended Title of the sd Iline to bee of noe Vallue; have
Applyed thmselves And pswaded the said Brookes to purchase from
him if possible they might some better Title. Allthough they knew &
ware Acquainted wth the aforesd Bargaine & Sale tht the said Brookes
mayd of the sd Land, vnto yor Petr yet have they prvailed wth the sd
Brookes to make a second Sale thereof vnto them, as will Appeare by
A deed of sale tht hath been privately Entred vpon the Record of

p. 110



 
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Proceedings of the Provincial Court, 1658-1662
Volume 41, Page 109   View pdf image (33K)
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