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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 558   View pdf image (33K)
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              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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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 558   View pdf image (33K)
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