Volume 51, Page 442 View pdf image (33K) |
442 Chancery Court Proceedings, 1674. Liber p c the meadowes ought to be revoked and adnulled and the same into the hands of his said Lopp Ought to be Seized because he saith that long before the takeing up of the said Land by him the said Thomas Gerard the said Lord Proprietary the same Land had reserved for his Owne proper Use and did by his instructions to his Governour there make knowne the same who did publish and declare the same to his Lopps said Council and his Lopps Surveyour Genll of the said Province which was sufficient notice of his said Lopps reserve as well to the said Thomas Gerard as all other the Inhabitants of his Lopps said Province and that the said foure hundred acres of Land called the meadowes is part of his Lopps said Mannour of Chaptico and within his Lopps said reserve And as to the remaining part of the said plea that the said reserve was not entred upon record it Ought not to debarre him the said Lord Proprietary from causeing the letters pattents aforesaid to be vacated it being the laches and negligence of his Officers which Ought not nor cannot prejudice him the said Lord Proprietary and that no prescription of time can anyway prevaile against him the said Lord Proprietary and that he is ready to averr and thereupon demands judgment and the defendant likewise. Whereupon it was Considered by the Court that the aforesaid Letters pattent of his said Lordship the Lord Proprietary shall be revoked cancelled evacuated adnulled and for void and invalid had and esteemed and also that the inrollment of Record of them shall be cancelled and adnulled and for void and invalid held and esteemed. Tobias Wells Complainant the parties Complainant and defts agt appeareing this cause comeing to a John Wright & Mary his wife heareing in the presence of the At- admrs Barth: Gleven defts tornyes On both sides the Complaints bill and replication and the defts answer being Openly read and heard and by the Court considered of the Court was cleerely satisfied that the Quietus in the defts answer pleaded in barr against the Complainants bill of Complaint for the summe of fourteene thou- sand three hundred and seaventeen pounds of tobacco due by recog- nizance from the said Bartholomew Glevin deceased to the Complt was not a Sufficient discharge of the defts against the Complainant but that the same ought first and primary to have bin satisfied before debts of a lower nature and therefore upon examination of accompts by the Court here the deft haveing produced severall bills notes and receipts in discompt of the said summe to the value of five thousand six hundred fifty One pounds of tobacco and by the Complainant allowed of the Court doe hereby Order and decree that the said John Wright & Mary his wife doe pay to the Complainant as well the summe of eight thousand six hundred sixty six pounds of tobacco the remainder of the said Summe of fourteene thousand three hundred |
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Volume 51, Page 442 View pdf image (33K) |
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