Volume 51, Page 419 View pdf image (33K) |
Chancery Court Proceedings, 1672-73. 419 & Eighteene pounds of Tobacco. Delivered to him in bills as afforesd. Liber P C Being the prop Estate of mr Nethway and not any wayes belonging to the Complt Their being noe other Course taken for the security of Mr Nethways Disburm.ts for the said wynes & his Two hundred Eighty six milirayes with Ten p Cent as afforesaid, which was to be sattisfied out of The Neate Produce of the pits part of the said p.39 wynes. And with A Generali Traverse he Concludes his Answer, And whereas Hertofore that is to say in the said ffebruary Court in the said yeare One Thowsand six hundred sixtie nyne The said James Neale did Exhibit his Crosse Bill into this Court against the said John Bailey Thereby setting forth to the same effect as in the said Answer as above recited and to have a Discovry of the said Noates and paps by him in the said Answer and in this Bill pretended to be Carelessly left in his Chamber and by Accident lost or Come to the Defendts hands. And to have the Defendt Bailey Answer. He also prayed the Ayd of this Court & Processe against the said Defendt To appear and Answer the said Bill, which being so Granted the said Defendt Appeared and Answered Accordingly. And by his Answer Denyed the whole Equity of the said Bill: To which said sevrall Answers of the said sevrall Defend.ts the said sevrall Complts Replied. And the said John Bailey by his Replication did set forth as in his answer to the said Neaies Bill he hath Already declared And so the matter being at ifuli and perfect Issue Diverse witnesses were Ex- amined in the said Causes and the Depositions duly published accord- ing to the Laudable Ruies of this Court as by the said sevrall Bills Answers Replications Examinacons of wittnesses and other Pro- ceedings thereupon had All of them Remayneing of Record in this Hon.ble Court Relation being thereunto had more ifully and more at Large the same doth and may Appear. And the said sevrali Causes standing at Issue Ready for a Heareing The Tenth day of December last was appointed for the heareing and Determyneing thereof On which day the partyes Complts and Defendts in both these suites being ready for a Tryall in both Causes And because both suites did Relate to one and the same Cbncerne This Court ordered both Cases to Come to a Tryail at one tyme, And the Complt Balleyes Bill being Read and Neales Answer to the same and all proofes and other paps touching that cause. And the Crosse Bill of Neale against Bailey being also Read and all paps concerneing that cause and upon Reading the Depossicons and proofes taken in the said causes being all by this Court seriously viewed and Considered and heareing what could be Alleadged on other sides. This Court was all Clearly sattisfied That John Bailey the Complt was Joint Owner of the Cargo of wynes in Question and that the account of sales of the said Cargo made by Neale and in this Court ffiled should be referred to Auditors to state and Examine the same And this Court did thereby Appoint m.r Thomas Notley and Mr Benjamyne Rozer to Audite state & Examine |
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Volume 51, Page 419 View pdf image (33K) |
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