| 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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