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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