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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 561   View pdf image (33K)
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               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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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Page 561   View pdf image (33K)
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