318 Provincial Court Proceedings, 1659.

Liber
P. C. R.

The deft denyeth what the plf alleageth in his Petⁿ. In which
Case, Abraham Holman deposed in open Court sayth That his
Brother should haue had a Cow deliuered him, when hee had sett up
25 Tun of Cask.

To w^ch the deft sayth, th^t att the finishing of the Bargaine hee gaue
the plf his Bill, or Condicon up; Telling him th^t the Cow w^ch hee
was to haue, was in his plantaon; & therefore willed him now to
looke after her himself e for th^t he was discharged of all bargaines w^th
him.

p. 286

John Stewart deposed in Court sayth, That uppon the deliuery in
of the Bill, he wished the plf to looke after the Cow. And the plf
desyred the deft to giue the Cow some Corne, & he would repay it
againe saying th^t hee would fetch her ouer the water, soe soone as he
could.
James Sudward Sayth That hee & the plf came to the Defts
Brothers howse, intending to goe unto the Indians: & discoursing
about the bargaine performed, The deft willed the plf to looke after
his Cowe himself e. And th^t before they came to that howse, he heard
the plf say That he could find in his heart to carry the Cow ouer
uppon the yce
The Judgm^t of the whole Court is, That there was a sufficient
tender made by the deft.
Ordered That the plf be nonsuited.

Blunt v.
Thomas

To the hon^ble &c: The humble Petⁿ of Richard Blunt Sheweth,
Whereas yo^r Pet^r hath bought of Philip Thomas this parcell of
Land cleared & uncleared, w^th the bowses uppon the s^d Land, & hath
warranted true sale thereof from any p^eson or p^esons laying claime
thereunto. Yo^r Pet^r hath sought for a Patent for the houlding of
the same Land w^ch hath bene denyed him. Yo^r Pet^r humbly Craueth
that the s^d Philip Thomas may make true sale of the Land & bowses,
th^t he hath sold unto yo^r Pet^r, or th^t hee may haue his Tob againe that
hee hath payd to the s^d Philip Thomas for the s^d Land, & &c :
The deft sayth, That there was such & such Land, reserued by
the Inhabitants of this County, att their first comming up here to
seate, for their publike use ( intending to gett the same confirmed by
his Lordship) whereon att their common Charge they afterwards
erected a meeting howse, (the howse the plf now claymeth to be his,
according to th^t Condicon) On w^ch Land the deft was permitted then
to seate, w^th the consent of the Inhabitants here. And afterwards
relinquishing the s^d Land, whereon himselfe had both built & cleared,
hee sold his right therein to the plf Richard Blunt, & his Copartner
Thomas Sowth. And Thomas Sowth (then present in Court) eui-
denceth & declareth That att the Bargaine making w^th the deft for
that Land, hee did not intend to claime that howse now in question,
for hee knew & understood th^t it was euer intended for the publike