| Volume 49, Page 275 View pdf image (33K) |
Provincial Court Proceedings, 1664. 275
Whereupon Ordered that James Courtney alias Mudge be forthwth Liber B B
sent downe to Mr Robert Ellisons in Virgenia, the said Courtney
being now resident att the house of Capt Thomas Mannings
Stephen Cannon seruant to Mr John Pate apprehended by Wm [p. 342]
Nodin att Francis Barnes upon Kent and afterwards run away from
Nodin and entertained by the said Barnes, as W Richards can testi
fye one of the Commrs of Kent—Which informacon was deliuered
to the Board by the Honble Philip Caluert Esq
Whereupon Ordered that an Ordr be sent up to Kent to Francis
Barnes for the apprehending the said Stephen Cannon serut to Mr
Jno Pate
John Gittings the Attorney 1 according to the foregoing Order
of Barnaby Jackson &c ptt: in fo: 340 the ptt: puts in his
Wm Price & Hannah his wife deft replicacon, which is as followeth
(uizt)
The Replicacon of John Gittings Attorney to Barnaby Jackson
Guardian to Samuell Cooper Complt: to the Answere of Wm Price
and Hannah his wife deft:
The said Complaynant for replicacon saith in all and euery thing
& things as he in his said bill of Complt: hath said and doth and will
auerre Iustifye and maintaine his sd bill of Coniplt: and all and euery
thinge and thinges clause sentence article and alleagacon therein con
teyned to be good Just and true certaine and sufficient in the law to
be answered unto by the sd deft and deuised and exhibited into this
honble Court upon good and just cause of suite as in and by the said
bill is most truely sett downe and enclosed, but the Compit: sayth that
the answere of the said defts are uery uncertaine untrue and insuffi
cient in the law to be replyed unto for diuers and manifest imperfec
eons, neuertheless the aduantage Of further excepcon to the manifest
incertainty and insufficientcy thereof to this Comptt att all and euery
time & times hereafter saued sayth as in the said bill of Complt. he
hath said and that notwthstanding Wm Price who lately maryed the
relict of the said Lee may not know of any other deeds or writings
as in his said answere is auerred, yet that there were dealings and
Contracts as in our bill of Compit is auerred which further appeareth
by the answere of Hannah the wife of the said Wm Price, wherefore
this Complt saith that he hath Just cause of Complt: and that the
said defendts are bound to produce the Estate of the sd Sampson
Cooper hatting Administred upon the same within this Prouince wch
he hopeth they shall be Compelled to doe by Order of this Honble Coat
he being ready to auerr & proue all that is in his sd bill of Comptt: is
conteyned & enclosed & prayeth as in his bill he hath allready
prayed, and further that this honble Cort will take the Cause of the
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| Volume 49, Page 275 View pdf image (33K) |
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