Volume 51, Page 548 View pdf image (33K) |
548 Chancery Court Proceedings, 1679. Liber PC cure her of a soare legg, To which answere of the Defendants there being much new matter these Compits replyed Specially and Say. That the Defendants by Sinister and fraudulent meanes caused the Complt Damoras to signe and seale severall papers the Contents of which she never heard read, and utterly denye the said receceipts or releases Can any way by Law discharge the Defendants, that the Complt Thomas & Def.t Edward submitted all differences to the Chancellour who awarded the Defendant Edward to pay unto the Complt Thomas Tenn thousand seaven hundred forty six pounds of tobacco, That there was Nine thousand pounds of tobacco more due upon ye accompt but by neglect of ye Clerke was Omitted out of ye accompt upon the Chancello :rs award, and denye the said Defendants paid ye said tenn thousand seaven hundred forty six pounds of tobacco to these Comp :1ts or either of them, That the Defendants inticed ye Complt Damoras to give discharge for ye same, and denye her receipt, can discharge the said bond, That the Complts exhibitted their Just accompt of Wyatts estate, after the will was Damnd and upon Dorsey his owne Excepcons hath allowed thirty eight thousand Eight hundred and Eighty pounds of tobacco and denye the arbitrato :rs have allowed by their award Onely the sume in the schedule to the Defendants answere annexed. That these Complts and Defendts entered into bonds of Three hundred thousand pounds of Tobacco to stand to the award of Collonell Taylor and Collonell Burges to decide ye differences concerning the estate of Nicholas Wyatt and not otherwise and that they were not per- mitted to Exhifte any accompt before ye Arbitrato :rs nor that the p. 157 said Complts Just accompt exhitted before the Chancello.r is by ye award sett a side, and denye that they deliver the servant named ifietcher in Leiu of the Servant named Wallett, That ye Defendants pretended to bee discharged from the bond of arbitracon upon ye Chancellors award of One hundred thousand pounds of tobacco by payment of the said sume of tenn thousand seaven hundred forty and six pounds to the Complt Damoras in aprill and November One thousand six hundred seaventy six That the Defendants needed not have put the same to arbitracon in June one thousand six hundred seaventy seaven and deny they have received any part of the said sume & that it is Lawfull to Comence suite for the same, and ye same was never in dispute or was Submitted to arbitracon, being a bond Certaine is not by Law Arbitrable and denye any receipt from the Complt Damoras Can by Law discharge the same, Aver ye Def.ts came to Live att the Compits house, without their privity or lycence, that the Defend.ts seized upon ye Compits prop psonall estate, and maintenanced himself and family with the same that ye Defendants have Cutt downe ye Timber from of ye plantaoön awarded burned up the fenceing destroyed the feilds of Corne & wheate there grow- ing, & the Del :ts with Two Children & foure servants were main- |
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Volume 51, Page 548 View pdf image (33K) |
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