Chancery Court Proceedings, 1671.  55

    Extend to a Release or discharge of the s.d Twenty thousand pounds Liber C D
    weight of Tobacco So as aforesaid by him the S.d Cuthert Witham
    Sold to this Complt for he the Complt Saith that the property of the
    Said twenty thousand pounds of Tobacco in him the Said Jonathan
    Sybreys hands was Legally Invested in this Complt and that any
    Release made afterwards by him the Said Witham to the s.d defend.t (fol. 55)
    could not according to the Law of merchants acquitt and discharge
    the S.d Twenty thousand pounds weight of Tobacco by the Said
    Deed of Sale as aforesaid Sold to the Complt but that it is Still due
    to him and the S.d defend.t ought to pay the Same to the Comp.lt
    all which he is Ready to prove averr and maintain in Such manner
    as the Court Shall Judge fitt & he Concludeth praying as in his Bill
    he hath prayed the Comp.lt taking out a Comicon to Examine witt-
    nesses directed to m.r Robert Slye and Kenelm Cheseldyne
    Comicon being by them returned into Court in due manner Executed
    the third day of ffebruary one thousand Six hundred Sixty nine
    by the hands of Keneim Cheseldyne one of the Comicon.rs Together
    with depositions of the Wittnesses Examined in this Cause, It was
    in ffebruary Court Ordered upon the mocon of the Comp.lts attorney
    John Morecroft that publication Should issue forth, and the Cause
    to be Sett down for hearing in Aprill Court next following and
    that a Subpoena Should issue forth to the s.d Sybrey to appear y.n to
    hear Judgm.t w.ch being duely served and the def.t appearing & the
    Cause being now at issue and this day to witt the thirteenth day of
    Ap.ll one thousand Six hundred & Seventy being Set down for the
    hearing of the Same before the Hon.ble Phillip Calvert Esq.r Chan-
    cello.r of this province Jerome White Esq.r Thomas Truman &
    Samuell Chew Esq.rs Justices of the S.d Court of Chan.ry in ye prsence
    ‘of the Attorneys on both Sides, upon Reading of the def.ts plea &
    the proofs taken in the Cause & hearing what could be alledged on
    either Side Saw no Cause in Equity to give to the Complt any Reliefe
    in Equity against the Release pleaded & do therefore ord.r y.t ye
    matter of the Comp.lts Bill from henceforth Stand fully and abso-
    lutely dismissed out of this Court with one thousand pounds of
    Good Sound merchantable Tobacco in Cask to be paid by m.r More-
    croft the Attorney for the Complt to the s.d defend.t or his Order in
    Respect of his dismission afterwards that is to Say upon Wednes-
    day the fourteenth of Decemb.r in the Said year one thousand Six
    hundred & Seventy upon the motion of John Morecroft Attorney
    for the Complt in this Co.rt made before the Hon.ble Charles Calvert
    Esq.r Chief Judge in Equity Phillip Calvert Esq.r Chancello.r of
    this province and the rest of the Justices of this Court It was Or-
    dered as followeth that is to Say this Cause was the last Court
    heard & Ordered to be dismissed one thousand pounds of
    Tobacco Costs to be paid to the defend.t by m.r Morecroft Attorney (fol 55)
    for the Comp.lt in Respect of the said dismission the said Att.ry