Volume 51, Page 558 View pdf image (33K) |
558 Chancery Court Proceedings, 1679. Liber P C that the said Complt is ready and willing to satisfie and pay the said Remaindr of the said purchase money being three thousand pounds of tobacco, and the said Complaynt being remedilesse in the prmisses, at and by the strict rules of the Comon Law, but is onely and prop- erly releiveable in equity in this high and honoble Court where cases in the like nature are onely and properly releiveable, And therefore that the said Robert Atchinson and Robert Atchinson and Samuell Tovey may true answere make to all & singular the prmisses, and that the said land may bee Decreed to the Said Complt and his heires p. 166 for Ever against the said Robert Atchinson and his heires forever according to the true intent and meaning of the said bargaine and agreement, and that processe of subpoena might thereout bee Awarded against the said Defendts to appeare and to Answere make of all & singular the prmisses, the wch being granted, and Wee being informed that the said samll was soe weake, and the said Robert a tender infant That they could not travell to our said Court to answere the said bill without greate Danger of theire healthe, Wee therefore comisserateing theire condicon, and Reposeing especiall trust and confidence in the fidelity of James Ringold of Kent County gentl Did give him free power & authority dilligently to examine the said Samuell and Robert upon ye matter of the said bill (haveing first examined the said Robert if hee Did elect and chuse the said samuell to bee his Guardian to Answere for him, With power to the said James, the Said Samuell is chosen by the said Robert to bee his Guardian to admitt, and the said samuell and Robert to the matter of the said bill upon the Oath of the said Sam” upon the holy Evangelists, that hee should dilligently examine, and the answere of the said Sam” and Robert by the said Samuell his Guardian that hee should receive, and reduce the same into writeing, and the same send to us in our Court of Chancery without delay, And now here at this day to witt the Seaventh day of October in the fourth yeare of our Dominion Over our said province Annoq Dominij 1679 The said James Ringold made returne of our said Comission to him Directed to us in our Court of Chancery close sealed up. The said Comission, the said Comission being indorsed that the execucon thereof appeareth in a Certaine answere thereunto annexed, And under the said answere to the said Comission annexed the said James Ringold Certifieth that the Eight and twentieth day of Sep- tember 1679 psonally appeared before him the Defendent Robert Atchinson and chose the Defendt Samll Tovey to bee his Guardian to Defend that suite, and the said Defendt Samll for himself e, and as Guardian to the said Robert being Duely Sworne upon the holy Evangelists before him, The said Defendts answere and say that they beleived it to bee true that the said Vincent Atchinson in the bill named and Hanah his wife in Right of the said Hannah were in theire life times Seized in theire Demeasne as of ffee of and in |
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Volume 51, Page 558 View pdf image (33K) |
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