Chancery Court Proceedings, 1678.  523

     purchase Tobacco, Provided hee would secure unto him a good title Liber P C
     thereunto, which the said Abington refused alleadging that he only
     sold him the said Johnson Only his right and title to itt, and that he
     was not bound to secure him, but that he expected and demanded
     the payment of the remainder of the Tobacco which the said Johnson
     refused untill he should have a good title made him to the premises P. 135
     by the said Abington And that the said Abington hath not only
     refused to make the Comptt a good title to the said Land, or to repay
     him back what he hath allrcady paid him for the said Land, and
     to make Him sattisfaccon for what he hath expended and laid out in
     building fenceing &c in and about the same And that the said Abing-
     ton hath unconscionably comenced his action against the Comp}t
     in the Provinciall Court for the Sume of Seaven thousand Six hun-
     dred forty two pounds of tobacco the bill passed to the said Abington
     as aforesaid And that the Comp.lt hath allready paid the said Abing-
     ton Three thousand foure hundred twenty foure pounds tobacco in
     part of the bill aforesaid And that the Abington will without relieved
     in this Honoble Court by the strict Rules of the Comon Law gett
     Judgement against the Comptt for the whole sume of the Comp :1t not
     being able to prove payment of the said Three thousand fourc
     hundred twenty foure thousand pounds Tobacco And that the
     Comp :lt is wholly remediles by the Strict rules of the Comon Law
     not being able to prove his bargainc about the said Land, and being
     only & properly relievable in this High and Honble Court And that
     he humbly hopes that this Court will Decree and order the said
     Abington fully to satisfie and pay the Comp :lt not only what he hath
     paid him in and towards the purchase of the premisses And all
     Sumes as the Comp't hath expended and laid out in and upon the
     same together with his damages sustained thereby But alsoc that the
     said bill of seaven thousand six hundred forty two pounds of tobacco
     now in the hands of the said Abington to be delivered upp and
     Cancelled, and that the said suite might be stayed by injunction And
     that the said Abington might have answere make to the premisscs
     and the Complt relieved therein according to Equity, he humbly,
     craved that proces of Subpa might be awarded out of this Honble
     Court against the said John Abington to appearc and answer the
     premisses, the which being granted and the said John Abington
     therewithall served who appeared accordingly and putt in his answer
     to the said bill and thereby amongst other things did sett forth that
     in or about the Month of in the yeare of our Lord
     One thousand six hundred and seaven the Compltt came to the
     Defend :ts house in Petuxent River. and told the defend.t that knew
     of a parcell of brave rich .and good Land which had layen dormant
     a long tyme not farr from the Defend.ts Land And that itt had never
     bin ourvcycd or taken upp b7 any person And that if the Defend.t
     would take the same upp in his owne name and afterwards sell the