| Volume 51, Page 561 View pdf image (33K) |
Chancery Court Proceedings, 1679.
at Lawe, being the Defendt Robert, and Did as this Deft beleives Liber P C
Declare that the purchase money remaining in the Compits hands
Ought to bee assetts for the payment of Creditors, but whether there
rests onely three thousand pounds of tobacco Or how much These
Defendts know not, And these Defendants Doe humbly submit
themselves to the Decree and Judgment of this honoble Court
Whether the said John Baker shall or may have the said lands
Decreed to him and his heires for according to the contract and
agreement aforesaid against this Defendant Robert and his heires
for ever, And if this Court shall Soe adjudge These Defendants
hope that the said Complt shall bee at the whole Sole charge in pcure-
ing the said Decree and estate to him and his heires for ever as all pur-
chasors are usually att, and that these Defendts not beare the charges
and costs of this Suite they haveing never done any act Tending
to the breach of the Said bond, nor the said Hannah nor Vincent p. 169
in theire life times, but this Defendt Samuell is Credibly informed,
that after the said Contract and agreement made as aforesaid, the
said Complt had time sufficient before the Death of the said Hannah
to have pcured a Conveyance of the premisses to have been sealed
and executed & acknowledged in Kent County Court, but the doeing
thereof was neglected and delayed by ye Complaynt or his Attorney
Whome hee intrusted to see the same done and take acknowledgemt
as aforesaid, for that they are informed the said Hanah lived seaven
months after the said contract and agreement, And therefore these
Defendts hope the Complaynt shall beare the expenses of his owne
laches and defect and the whole charges of this Suite and not these
Defendts or the estate of the said Vincent bee chargeable with any
part of it And this Defendt Samll saith that hee is and always was
ready and Willing to Doe any lawfull Act or acts shall bee by the
Judgment of this Court Decreed him to doe and not otherwise for
the better and more sure makeing the prmisses to the Complt and
his heires so as hee may herein bee protected and Defended by the
said Decree against the said heire also when hee shall come of age,
And soe as the tobacco that shall bona fide and really upon a Just
and true accot remaine unpaid of the purchase consideracon of and
for the lands and premisses bee paid unto this Defendt towards
payment of the said Vincents debts and maintenance of his Children
if any Overplus remayne, Of wch said accompt these Defend.ts
humbly Desire the consideracon and allowance of this Court before
they passe theire Decree herein, if this Court shall thinke fitt to
make any such Decree, And soe as this Defendant samuell may bee
allowed his just and due charges and expences by him expended in
the accon at Lawe upon the said bond, and before the honoble the
Judge for probate of Wills, and granting admccons, and upon the
Citacon aforesaid, and for answering the excepcons aforesaid, and
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| Volume 51, Page 561 View pdf image (33K) |
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