| Volume 51, Page 501 View pdf image (33K) |
Chancery Court Proceedings, 1677. 501
Defend.t intered into the Premisses and four hundred Acres of Land Liber P C
and became thereof Seized and had been ever Since in possession
thereof and that after the Sealing thereof his Excelency Charles
Calvert Esq.r Cap.n Generall of this Province & Henry Sewall Esq.r
Secretary of this Province comeing to the Defend.ts house the
Defend.ts wittnesses being then liveing that Could prove the Def.t
bought the Said four hundred Acres of Land of the Said William
Hawleij in his life tyme and that he paid three thousand pounds of
Tobacco in part of payment for the Same though hee had noe assure-
ance from Hawley under his hand but produceing the Said Indenture
to them to know if the Same were vallid and good in Law otherwise
that he would procure his Evidences to bee sworne & Examined in
this Court in perpetuam rei memoriam to prove his Purchase of
Hawley in his life tyme his honnour the Governour did then
assure the Defend.t that he had a good title without haveing itt
from W.m Hawley but the Secretary said W.m Hawley had noe title
to the premisses but the Same belonged to the heyres of Jerome
Hawley deceased and the Governour had then a letter of Attorney
from the Daughters of the Said Jerome Hawley whose land itt
really was and the said Secretarij said if the Defend.t would give
him a Sorrell horse he would make the Defend.ts title good to the
Said four hundred Acres of Land and Since he was advised by all
persons that were learned in the Laws that his title was good and
soe he proceeded noe further and hath Continued in the Quiet and
peaceable possession ever Since and payd the rent and soe w.th the
Generall Traverse he Concluded his answer to w.ch Answere of the
said Defend.ts the Comp.tt Replyed and the matter being att a full &
perfect Issue divers wittnesses were Examined in the said Cause
and the Depositions Duely published according to the Antient and
accustomed rules of this Court and this cause being Ripe for a
hearing before a day was by this Court appointed for the hearing
thereof the said Thomas Mathews the Elder dyed leaveing behind
him Thomas Mathews the younger his sonne and heyre who presently
after dyed alsoe and soe the Said suit abated and the Said Thomas
Mathews the younger left behind the Defendant Ignatius Mathews
his sonne and heyre an infant who claymed right to the Premisses
either as heyre to the said Thomas Mathews the elder or by vertue
of some other Right by will or otherwise Therefore that the Said
suite and all the Proceedings thereupon might Stand revived against
the said Ignatius Mathews and that hee might Sett forth his title to
the said Lands and Premisses and that the Premisses might be
decreed to the Comp.lt & his heyres for ever he alsoe prayed the
ayd and assistance of this Honn.ble Court and processe of Subp.a to
be directed to the Said Ignatius Mathews to appeare and answer the p. 116
Premisses and to shew cause if any he had whij the Said suite and
all the Proceedings thereupon should not Stand revived against him
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| Volume 51, Page 501 View pdf image (33K) |
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