| Volume 54, Page 134 View pdf image (33K) |
134Kent County Court Proceedings, 1656-1662.
Liber B desired this petir tht the said Iliue might not be molested in the
Finishinge of his Cropp tht he had planted tht yeare upon the planta
con afore sd, wch your Petir did willingly agree unto: But soe it was
tht the sd Iliue at oct. Court in the yeare afore sd Commenced a suite
of Law Against the aforesd Brookes For his unjust molestacon of
the sd Iliue upon the sd Plantac prtending A Right, & Title there
unto wch the sd Brookes through his obstinance, or willfullnesse, or
dislike to the then prsent Gouernmt in hopes & Expectacon of A sud
dame a1teracon there of, or for what other Causes or reasons I Know
not, But the sd Brookes would not make any defence, or pleay
against the sd Iliue by wch meanes the sd Iliue obtained an order
From the sd Court, to recouer his damages of any tht had molested
him in his prtended title to the sd Land wch this petr beinge prsent
at the said Court exhibited a Bill of sale tht he had of the sd Brooks
For the aforesd Land, wch the said Brookes did not disowne But
did Freely Acknowledge the same, And did declar That he did not
thereby uniustly molest the sd Iliue & Further the sd Iliue prosicuted
this petr in the Action or suite aforesd at the next Court holden For
Kent where yor petr was Cast in the sd Action By wch yor petr was Dis
[lol. 38] posest of his plant & ordred to pay the Charge of th° foresd suite wch
did Amount unto 747lb of Tob & Caske, And notwthstandinge all
the aforesd pceedings, yor petr is able to proue, tht the sd Iliue had
noe other Just Title unto the aforesd Land, But mayd use thereof
only by pmition of the sd Brookes, & Rent payd by the said Iliue unto
the sd Brookes for the sd Land, for one yeare According to Agreemt,
By wch pceedinge It appeares tht the sd Iliue -by his prtended Title &
his Illegall pceedings, hath most uniustly molested & disposest yor
petr of his Just Right & Intrest to the sd Land, And that likewise
mT Tho: South who hath bought the prtended title of the sd Iliue, or
any other tht are now posest of the sd Land ware not unacquinted
with the damage & great sufferings of yor petr & his Just title unto
the said land, doe not onely Keepe Posescon thereof and haue mayd
use of the same for their profit & Aduantage frö the 25th of Apnill
1655, wthout any Consideracon or Composicon, mayd wth yor petr
But haue on the Contrary used all wayes & menes, most Illegally and
uniustly to Circumuent & Defeate yor pett For euer of his Just dame
& Title there unto, And as yor petr doth humbly Conceiue, may be
found Contrary & repugnant to Law in such Cases pvided, For
the now possesers of the sd Land, Knowing It to bee suffitiently
proued, tht the forsd prtended Title of the sd lime to bee of noe
vallue, haue Applyed thm selues, And pswaded the said Brookes to
purchase from him if possible they might some better title, allthough
they knew & ware Acquinted wth the aforesd Bargaine & sale, tht
the said Brookes mayd of the sd Land, unto yor petr yet haue they
prvajled wth the sd Brookes to make a second sale thereof unto them,
as will Appeare by A deed of sale tht hath beene priuately Entred
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