| 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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