Volume 51, Page 562 View pdf image (33K) |
562 Chancery Court Proceedings, 1679. Liber p C soe as these Defendts may bee allowed by this Court alsoe theire charges of this suite, all wch must otherwise necessarily bee charged upon the personall estate of the said Vincent, to the greate prjudice of the Creditors and Orphants of the said Vincent, wch these Defendts humbly Conceave will bee very unreasonable since neither the said Vincent nor Hannah nor the said Defendants was in any fault but the Complt Onely by his Laches and delayes aforesaid in not getting the Conveyance drawne and executed as aforesaid whose prop businesse it was, And soe with the generall Traverse they conclude theire answere And now here at this day to Witt the Sixteenth day of Octor in the yeare aforesaid the plt and Defendt being willing to goe to hear- ing upon bill and answere, and this ptsent day being appointed for hearing the Cause before Our Deare Uncle Philip Calvert Esqr our Chancellour of our Said Province our Deare Cousin William p. 170 Calvert Esqr our Secretary of our Said Province Vincent Lowe and William steevens Esqrs Justices of our said Court in the presence of both parties, That is to say Robert Ridgely attorney for the Complt and Robert Carvile Attorney for the Defendts, Upon reading the bill and answere and fully hearing the parties on both sides, and the Deposicons of seaverall Witnesses yt were examined in the said Cause this Court was fully Satisfied that the complt was a purchasor of the aforesaid parcell of land for a Valluable consideracon, of the said Vincent and Hannah, and that the said Hannah had fully declared her consent to the said sale, and would have joyned therein with her Said husband Vincent if not by Death prvented, and that there bee noe assetts in the hands of the said Defendt Samuell the Administratr to Re-imburse the Complaynt what hee had paid to- wards the said purchase, And Doe therefore Ordr and Decree that the said land called Colchester bee by this prsent Decree settled as- sured and Decreed to the said Complaynt and his heres forever in an absolute estate of Inheritance in fee simple according to the condicon of the said bond of twenty thousand pounds of tobacco, And that the said Complt his heires and assignes Doe hold and enjoy the same accordingly to him and his heires and assignes for ever against the said Robert Atchinson Sonne and heire of the said Vincent and Hannah and his heires, and against the said Vincent and Hannah and all Claymeing by from or under him them or any of them free and cleare of all and all manner of inccumbrances Done by them or any of them, and that the said Defendt Samuell as Guardian of the said Robert Doe forthwith deliver unto the Complt or his Attorney or assignes, the Quiett and peaceable possession of the said Land and premisses, and make seale and Execute such assureance and Conveyance of the premisses to him the said Com- playnant at the pper costs and charges of the said Complaynant |
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Volume 51, Page 562 View pdf image (33K) |
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