Chancery Court Proceedings, 1677.  493

     Land unto the Comp.lt in fee Simple And Thereupon this Defend.t Liber P C
     went with the other persons in the Bill named and vieued a peice of 106
     Land which this Defend.t did not take nor approve of for that the
     Land was not worth Two Thousand pounds of Tobacco p hundred
     Acres nor would Abraham Birkhead or any other person have given
     soe much for itt nor was the title thereof Cleere in the Comp.lt the
     Same being vested in the Right Honnourable the Lord Proprietary
     as part of the Mannor of the Ridge nor did the Comp.lt shew the
     Defend.t any Speciall Warrant from his Excelencij nor did the
     Defend.t knowe or ever heare of any land the Comp.lt ever had upon
     the Ridge or belonging to the Ridge Mannor or of any Suite or tryall
     he ever had or brought against M.r White for anij land there or
     else where or whether or no the said five hundred Acres of Land
     was Surveyed or the reason whij the same was not soe surveyed nor
     did he or the other Defend.L to his knowledge beate him in hand by
     any faire promises to debarr him of any action at Law but beleived
     and hoped to prove if the Comp.lt would haue performed his said
     Bargain and agreement on his part that the other Defend.t Nathaniell
     was always ready and willing to have Conveyed and assured the
     premises to the Comp.lt according to the said Agreement but the
     Comp.lt haveing Continued the possession of the Premisses for the
     terme of four yeares without paying any thing for the same to the
     Defend.t and not haveing paid or Secured the Said Purchase con-
     sideration or any part thereof or ever tendered any Conveyance of
     the Premisses to be Executed by the other Defend.t as he beleived
     and was informed by him voluntarily quitted and left the possession
     of the Premisses and was not turned out by the Defend.ts or any
     other by their order or privity And thereupon the other Defend.t lett
     the Same to James Nuttall And the Defend.t denyed the said Land
     Lyed within the mannors of Calverton or Zachayah or either of
     them or that thereupon or by this Defend.ts perswasion the other
     def.t refused to give the Comp.lt generall Warranty or that Generall
     Warranty was to be given by the agreement aforesaid touching the
     said sale or Exchange or other or further then such Warrantij as
     is knitt by Lawe to every Exchange and denyed alsoe that by the
     Agreement aforesaid the said Purchase Consideration was not to be
     payd or Secured untill the Said Defend.t Natha.ll had Executed such
     deed of bargain and Sale as the Comp.It by his said Bill did Suggest
     and he Conceived the Comp.lt had noe cause to molest this Defend.t
      this vexatious Suite after the end of Seven yeares to have the Said
     bare paroll agreement Executed or Satisfaction for his pretended
     disbursments when noe earnest or any part of the Purchase Con-
     sideration paid or secured to the Defend.ts knowledge, and the said p.
     other Defend.t being really damnified for want of the Said Purchase
     Consideration the sum of tenn Thousand pounds of Tobacco and