| Volume 51, Page 411 View pdf image (33K) |
Chancery Court Proceedings, 1672. 411
John BaIley The partyes Complt and Defendt in both these suites, Liber P C
ag being ready for tryall in both Causes, and because
James Neale
both suites relate to one and and the same Concerne
James Neale the Court ordered both Causes to come to tryall at
agtone time, and the Complt Balleys bill being Read,
John Balley and Neales answere to the same, and all proofes and
other papers touching that Cause and the Crosse bill of Neale agt
Balley being also Read & all papers Concerning that Cause, and the
Causes therupon Coming to hearing this day before his Excellency
Charles Calvert Esq Chief Judge in Equity The Hono :ble Philip
Calvert Esq Chancelour of this Province and the Rest of their
Associates, Justices of this Court and upon Reading the bills and
answeres of the severall Complts and Defendts and the Depositions
and proofes taken in this Cause, being all by this Court seriously
veiwed and Considered, and hearing of what Could be alledged on
Either side, This Court was all all Clearly Satisfyed that John Balley
the Complt is Joint owner of the Cargo of wines in Question, and
that the account of Sales of the said Cargoe, made by Neale, and in
this Court filed be referred to auditotrs to state and Examine the same,
and the Cort doe hereby appointe M.r Thomas Notley and M.r Benja-
min Rozer to audite state & Examine the same who are hereby
Desired, to make full Examination into it, and to make Report to this
Cort how they find it at the next Cort that so the Cort being fullt
Satisfyed in the busines may Decree & ordr therein as in Conscience
and Equity they ought and the Complt and Defendt are hereby
ordered to attend the said Auditors at Mr Notleys houoc on Such day
as the said Auditors Shall appointe, sometime between this and the
next Cort that so the said auditors fully Examining the said account
may make such Report thereof that the Cort being fully satisfyed
thereby may proceed to Decree and ordr what in the premises in
Conscience & Equity ought to be Done.
Toby Wells This Court doe ordr the Defendt to answere by the
agt rnext Co rt
John Wright
Edward Peerce
agt Agreed.
Randall Revell
Jonathan Hopkins p.32
agt In this Cause it is ordered by the Court that
John Wright and publication passe the next Co.rt
Richard Snowden
John Gould In this Cause an attachmt a proclamation to issue
Joseph Sones
agt the Defend for want of an answere.
agt
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| Volume 51, Page 411 View pdf image (33K) |
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