Provincial Court Proceedings, 1658. 75

Sheriffe returneth his writt, & warned
forema^t

Liber
P. C. R.

James Veitch
Richard Hix
Walter Pakes

Will^m Marshall
James Lindsey
John Potts

Will^m Berry
Owen James
Rob^t Kingsbury

Michael Baysey
Thomas Belcher
John Reade.

And a while after the Court being Satte, The Jury returned their
Verdict in Writing (Viz) Wee find for the plf Seauen hund^d pownds
of Tob, w^th costs of suite. And the Court Ordered th^t the Verdict
of the Jury be entred for the Judgm^t

Uppon the demand of Cornelius Johnson plf agst Henry Thick-
penny deft, in an accon of debt, The plf being called, & not appearing,
It is Ordered th^t in case the plf appeare not before the last day of
this Court, hee be nonsuited, & pay charges of Court.

Johnson v.
Thickpenny
Vid. Order
P. 46

Sub pena to the Sheriffe attending the Court, to warne Rob^t
Taylor & Giles Sadler, to make their personall appearance w^thout
delay, to testify in a cause, depending, betwixt James Jolley, &
Timothy Goodridge att Jolley's request.

Goodridge
v. Jolly

To the R^t hon^ble the Gou^e & Councell for the Prouince of Mary-
land, sitting in the Cou^et of Chancery

p. 40

The humble Petⁿ of John Cornelius & Walter Pake, Sheweth, That
Philip Land in June last was Tweluemonth sold to yo^r Pet^es 200
Acres of Land, Lying att the upper end of Abbingtons Cliffts in
Patux^t Ryuer, for 2000^l of Tob & cask, And subscribed an ingagem^t
in writing under his hand for p^e formance thereof; Thereby obliging
himselfe in Septemb^r then next coming to deliuer yo^r Pet^es full &
quiett posses^ll thereof, & then to make them a firme Bill of Sale w^th
warranty agst all persons, & (a Couen^t to procure them att his owne
charge (assoone as Pattents were to be obteyned) a Patt^t in their
names for the s^d Land: & thereuppon, & uppon noe other consideraon
yo^r Pet^rs passed their Specialty to the s^d Philip Land, for the paym^t
of 2000^l of Tob & cask att a day past. That the Land soe sold, was
neuer shewen to yo^r Pet^es nor any possesⁿ euer tendred, nor any
performance att all since made, By meanes whereof the s^d Specialty
passed by yo^r Pet^es became insignificant & Voydable, in all equity &
good conscience: & ought to haue bene uacated, But the s^d Land
intending to deceiue & defraud yo^r Pet^es w^thout their consents or
priuity assigned the s^d Specialty to Cap^t John Barrife deceased: &
soe it came by Ires of admistraon to Cap^t Will^m Euans; who since
assigned the same to M^r Symon Ouerzee & yo^r Pet^es are in danger of
being sued thereuppon, allthough noe performance hath bene made
of the consideraon uppon w^ch the s^d Specialty was passed, That yo^e
Pet^rs are damnifyed by the s^d Lands not performance aboue 10000^l

Cornelius et
al. v. Land