524        Chancery Court Proceedings, 1678.

       Liber P C  same to the Comp.lt itt would be a Very great Courtesie to the
              Comp :It and he the Comp :lt would pay him for his Charges in
              buying rights and proveing the same and in Surveying and Pattenting
              the same and other Charges thereabouts and for courtesie he takeing
              the same upp a Considerable quantitiy of tobacco And that before
              the Comp :lt would acquaint the Defend :t where the Land lay, he
              caused the Defend.t to make him a promise and engagem.t to sell
              him his right and title of the said Land when Pattented And that
              when the Comp.lt had made the Defend.t acquainted where the land
              lay and had shown the Defend :t and M.r Charles Boteler then
              Deputy surveyo.r sothe marked trees which he said was the utmost
              bounds of a Tract of Land called Brooke Court to which the land
              lay adjoyncd, that the Dcfend:t demanded of the Comp:lt if that
              Land was not part of Brookc Court formerly Granted to Robert
          p. 136  Brooke Esq.r he the Comp :lt positively affirmed itt was not, and
              desired the Defend :t but to take itt upp and Patten itt in his owne
              name and assigne but his right and title to the Complt itt would be
              sufficient for him And that the Defend.t needed not trouble himselfe
              dbout the title of the Land or the bounds thereof that he the Comp't
              would runn the hazard of all other person or persons as should
              Clayme any right or Title to the said Land, which the Complt said
              he could not take upp himselfe because he was not naturalized being
              a Dutchman borne and that thereupon the Defend :t did att the solici-
              tacon of the Complt and meerely to doe him a kindness procured the
              said Land to be Surveyed and Pattented in his the Defend :ts owne
              name And did in persuance of the agreement between the Complt &
              Defend :t by a writeing under their hands bearing date the Thirteenth
              day of ffebruary One thousand six hundred scaventy One for the
              Consideracon therein Expressed bargaine sell assigne and sett over
              all his Right Title and interest to the said parcell of Land, with a
              Clause of reentry thereunto upon the non payment of six thousand
              pounds of tobacco to the Defend :t or his assignes And the Defend.t
              further saith that the said Land was att the Complts request Pattented
              in the Defend :ts name And that he denyed that ever told the Complt
              that he the said had a good right and title to the said Land and would
              make the Comp :lt a good Estate of the same, or that the Defend.t
              did ever perswadc the Complt to buy the same And that the Defend :t
              did take the same upp att the Comp :1ts request, and was by agreem :t
              what Pattented to sell the same to the Comp.lt as aforesaid And that
              he Confesed that he sold the same to the Complt for six thousand
              pounds of Tobacco And that the Comp :lt being indebted to the
              Defend.t in Eleven hundred sixty seaven pounds of tobacco more
              passed bill to the Defend :t for seven thousand One hundred sixty
              seaven pounds of tobacco And that the Comp :lt not paying according
              to his bill put the same in suite And the Complt being then not