| Volume 51, Page 507 View pdf image (33K) |
Chancery Court Proceedings, 1678.507
adnulled & made void upon Record, & the same into our hands be Liber P C
seized, & to doe & receive what our said Court shall consider of in
this behalfe And in what manner you execute this prcept you make
known unto us the day aforesaid & have you there this writt Witnes
our self e att the Citty of S.t Maryes the seventeenth day of June in
the third ycare of our Dominion &c., Annoq.Dni 1678.
Att which said Eighteenth day of June in the yeare aforesaid the
same Sheriffe maketh returne of the prcept aforesaid endorsed, that
by vertue thereof he had made known unto Justinian Gerard before
Henry Bonner and John Heard good & lawfull men of his bailywick
that he should make his personall appearance here att the day and
place aforesaid as by the said ptcept he was comanded Whereupon the
said Justinian Gerard being solemnly called appeared by Nehemiah
Biackiston his Attorney And whereupon Kenelm Cheseldyn Esq.r
his Lordpp Attorney Gen” on the behaife of his Lordpp offered
himselfe against the said Justinian Gerard and desired that the
Patent aforesaid for the reasons aforesaid should be adnulled vacated
and made void And the said Justinian Gerrard hy his Attorney
aforesaid Said nothing in barre thereof alledgeth but the Said
Patent so surreptitiously obtained as aforesaid to this Court deliv-
ered & surrendered Whereupon after due & mature consideracon
had & taken of & upon the Prmisses And the said Patent & Certi-
ficate of Resurvey being duely pondered & considered this Court doe
order adjudge & decree the said Patent & all and singular the
entryes thereof to be null & void to all intents & purposes whatsoever
And that the same Patent be imediately cancelled in open Court
by the Honble Philip Calvert Esqr Chancelour of this Province, &
that the entryes thereof be vacated upon Record And the same
lands into his Lordpps hands be seized Which said Patent was in
open Court by the said Chancelour cancelled & made void according
to the order and decree aforesaid
Edward Williams The partyes Comp :1t & defend :t appearing by
agt Ftheire Attorneyes, & this cause comeing to a
Bruen Radford hearing in the prsence of the Attorneyes on both
sides And the bill and Replicacon of the Comp :lt & the Answer &
Rejoynder Of the Defend :t being openly read & heard, & upon p. 122
hearing & debateing thereupon & by this Court seriously viewed and
considered & hearing what could be alleged on either side this
Court was all clearly satisfied that the bill of three thousand Eight
hundred pounds of tobacco in the bill of Complaint menconed bear-
ing date the twenty seventh day of January Anno One thousand
Six hundred seventy five ought to be delivered upp to the Comp :lt
Edward Williams cancelled & made void And that the Defend :t pay
unto the Comp :lt costs of Suite Itt is therefore this day to witt the
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| Volume 51, Page 507 View pdf image (33K) |
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