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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 548   View pdf image (33K)
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               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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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 548   View pdf image (33K)
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