486 Chancery Court Proceedings, 1678 [1677.]

       Liber P C  Generall Warranty which when the Comp.lt should Receive he was to
              pay either Soe much land att the Ridge which he was in tryall for
              with M.r White or part of the Governours Mannor or else paij Two
              Thousand pounds of Tobacco for everij one hundred Acres or part
              land But if he the said Nathaniell should att his Returne Refuse to
              assure the Same promises and keep them himselfe then the Def.t
              Thomas agreed to make satisfaction to the Comp.lt for his Disburse-
              ments in Seating and Cleering and on which the Comp.lt Relyeing
              did not reduce the Articles into writeing but tooke a noate or letter
              from the Defend.t Thomas to the Said Nathaniell to the effect afore-
              said whereupon the Comp.lt was put into Possession by the Said
              Def.t Thomas and was att great Charge in building Cleering and
              Removeing Cattle and Servants thither But that the said Nathaniell
              Arriveing and being made accquainted the bargain aforesaid
              approved thereof and Seemed willing to Accept of Tenn Thousand
              pounds of Tobacco att Two Intire payments to witt Six thousand
              pounds of Tobacco in the yeare one thousand Six hundred & Seav-
              enty, and four thousand pounds of Tobacco the yeare following
              towards part of the Purchase and for the Remainder in full to Accept
              of five hundred Acres of Land att the Ridge part of his Lordspps
              the Right honn.rble the Lord Proprietary his Mannor there all which
              was freindly Accorded to and the Comp.it was willing to haue
              performed Soe as he might have had the Premisses assured to him
              with Generall Warranty the said Pet.r further alleadging that this
              cause the then last court came to be heard and a decree past for the
              Comp.lt but the Def.t Thomas humbly Conceived and was advised
              that his Said Brother Nathaniell being dead before the hearing of the
              cause his heyr or Execut.r ought to have been made a partie to the
              Bill for that by the Comp.its owne shewing in and by his said Bill
              the first Comunication or agreement between the Def.t Thomas and
              the Comp.lt who had the Election was Compleat finished and Ended
              upon the Arriveall of his said Brother Nathaniell and the Comp.lts
              agreement with him above Specified not haveing been any Convey-
              ance att all ever tendred to the said Nathaniell to be Executed in his
              life time of the Premises to the Comp.it &.C with or without Generall
              Warranty or otherwise howsoever and the said Nathaniell being then
              dead hg heyre nr Executor cmght tn Execute a Conveyance accord-
              ing to agreement and not thus heavily oppresse the Def.t Thomas
              who was not either to have profitt or losse by either Agreement And
          p. gg   he Conceived itt would have much more to the Comp.lts Credit &
              Equitable dealing to have Continued the possession of the Premisses
              had he been Refused an assurance thereof according to agreement
              and to have Exhibitted his bill into this Court against the other
              Def.t Nathaneill to Enforce an Execution thereof then voluntarily
              quitt the Possession of the Premisses because he Conceived them
              too deere in hopes to bring this vexatious Suit And he further