Chancery Court Proceedings, 1678.  525

    able to pay the said seven thousand One hundred sixty seven pounds Liber P C
    tobacco & importuning the Defend.t to forbeare him a little longer
    the Defend :t was Content upon his promise to make good pay the
    next yeare and to pay the Costs of suite which Came to foure hundred
    seventy five pounds tobacco to surcease the suite. And that thereupon
    the Comp :1t did forthwith by his bill bearing date the Eighteenth
    day of Octobr in the yeare of our Lord God One thousand six hun-
    dred seaventy and three became bound to the Defend :t in ye sume
    of Seven thousand six hundred forty two pounds of tobacco And
    that the Complt hath paid thereof to the Defend :t Three thousand
    five hundred and sixteen pounds of tobacco & no more And the
    Defend :t further said that the Comp.It did perswade him to Pattent
    for him the Complt the said Land which was formerly taken upp
    and was agreed to be sold to the Complt as aforesaid And that was
    only intended by the writeing aforesaid that the Defend :t should
    only sell all his Right and Title to the said Land and premisses with
    warranty only against the Defend ;t and his heyres and Clayming
    by from or under him And that the Defend.t did never pretend that
    he had sufficient right to sell the same And that he knew not that the
    same belonged to the heyres of Letchworth or that the Defend :t
    even aymed att any fraud to deceive the Complt or had even medled
    with the Land if not att the Comp :lts request And Confessed that the
    Complt in or about the Month of December One thousand six
    hundred seventy six Came to the Defendants house att Petuxent
    and told him that if he would take One thousand five hundred pounds
    of tobacco in full satisfaccon of the said Bill he would pay itt to
    him and no more And that he allwayes was and still is ready and p. 137
    hath made sealed and delivered allready for the use of the Comp :1t a
    Conveyance of the said land and all his right and Title to the same
    with warranty only against himselfe & all Clayming by from or
    Under him and noe otherwise according to the said agreem :t be-
    tweene the Comptt and Defend.t And that the Complt Undertooke to
    runn the hazzard of the Title if the Defend :t would sell to him the
    said land, And soe with the Generall Traverse he Concluded his
    Answere, to which answere of the said Defend.t the Comp :1t replyed
    And the said Cause standing att issue ready for a hearing And upon
    reading of the said bill and Answere and the severall deposicons
    taken in this cause and all other proofes and papers touching the
    same itt did sufficiently appeare and the whole Court were fully
    Satisfied that the said John Abington had noe Right nor Title in
    Law to the aforesaid Tract of Land And itt being Sufficiently proved
    to the Court here that the said John Abington did assume upon
    himselfe and faithfully promised the Complt that if the said Comp :1t
    would stand Tryall with the heyres of Thomas Letchworth deceased
    for the Tryall of the Title of the said Land and Should thereupon
    be Ejected that then he the said John Abington would repay unto