Volume 51, Page 500 View pdf image (33K) |
500 Chancery Court Proceedings, 1677. Liber P C what was Sold he knows not And the Def.t having bargained and agreed for the Said four hundred acres of Land as aforesaid & paid pant as aforesaid and there being about Two Thousand pounds of Tobacco unpayd of the Purchase and the Said Nicholas being Returned againe and the Province Reduced to his Londps obedience p. 114 and the Defend.t having had noe assureance from Hawley in his life tyme for the said four hundred acres of Land and the land being as the said Manij told him as aforesaid setled as aforesaid the Defend.t Conceived the said Nicholas could not make the Def.t a good title to the Said four hundred Acres of Land And therefore urged the Said Nicholas Severall tymes to Repay the said Three Thousand pounds of Tobacco but the Said Nicholas assured this Defend.t that he had a good title to the said land and could Lawfully Convey the Same to him and make him a good title of Inheritance Thereupon this Defend.t being Ignorant in the Lawe applyed himseife to the Honn.ble Phillip Calvert Escq then Secretarij of this Province and to severall other Eminent and learned persons for advice in the premisses who all assured the Defend.t that the said Guythers Right was good to the Said Land but the Secretanij advised him that unlesse his Lordps Rent were paid the said Land would be forfeited & the Said Guyther Solicited the Def.t to pay the Said Two Thou- sand pounds of Tobacco remainder of the purchase moneij to enable him to paij the Rent aforesaid w.ch the Def.t refuseing untill an assembly Satt the Defend.t thinking that would be the best way to secure his Land to have itt made over in a generall Assembly and thereupon the said Nicholas att a Generall assembly held for this Province by indenture duely Executed in the Lower house of as- sembly and attested by William Evans & Luke Gardner members of the Said house and W.m Britton Clarke of the said house the Sixth day of Aprill Anno Domi one thousand six hundred Sixty & one between the said Nich.° Guyther and the Defend.t w.ch wittnessed that the Said Nicholas in Consideration of five Thousand pounds of Tobacco had sold aliened and Bargained the said four hundred Acres of Land w.th the Appurtenances to the said Defts & his heyres for ever under the Rent of one Bushell of Indian Corne and other rents and Covenants in the same Indenture Contayned And further the Said Nicholas did in the Same indenture declare that whereas he was Lawfully possessed of the Estate that did formerly belong to Will.m Hawley deceased as by a Lawfull order of the Provinciall Court bearing date the four and twentieth day of March one Thousand Six hundred fifty and two might appeare had sold the said Land to provide a Sufficiency wherewithall to pay what p. 115 arrearages of Rent were behind that the whole might not be for- feited for non payment of his Lordpps Rents and therefore the said Nicholas did bind himselfe and his heyres to make the Said Sale good as by the Said Indenture might appeare by vertue whereof the |
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Volume 51, Page 500 View pdf image (33K) |
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