Volume 54, Page 135 View pdf image (33K) |
Kent County Court Proceedings, 1656-1662.135 upon the Record of Kent beaninge date 26th of Sept 1656 WCh Illegall Liber B & unjust Actions of purpose to Beguile & utterly to Defeate yor petr of his Just Right & Intrest to the Plantacon afore said. The prmices Considered Your Petr humbly Craues this Honble Court to grant order, tht yor petr may be reposest wth the aforesd Land soe farr as It may appeare wth Law, Equity, or Justice, to be yor petrs Right, And tht the aforesd Iliue or South, or any other, tht haue by any uniust or Illegall wayes or menes beene the occa tion of yor petrs disposion or detention of his just Right & Title from him may bee likewise ordered by this Court to pay such Cost and damage As yor petr can justly prone tht hee hath sustained, either by their unjust molestacon or possescon or illegall detencon of the afore sd Land and pay Cost of suite And as in Duty bound yor Petr shall euer pray &c. Elizabeth Clay sworne 19th day of July 1658 upon Interogatiues are Annexed hereunto To the first Interrogatory shee Answareth affirmitiuely To the second tht Francis Brookes, mt Morgan & mr Ringgold were there, shee answareth allsoe affirmatiuely. To the 3d whether Iliue gaue posion or noe, shee knoweth not But saith tht Fran: Brookes demanded posen. To the 4th Concerninge Iliues answar, shee remembreth not, only tht the Iliue denyed him posion.Eliz: B Clay: her marke That About 6 or 7 yeares since whether or noe you ware not At the house of Isacke Iliue all tht time tht Francis Brookes & mr Mor gan & mr Ringgold was there & whether the 5d Iliue did in tht time giue the said mr Brookes Posion: And allsoe to declare what mr Iliues answar was to the sd mr Brookes. John Salter PIt. [fol. 39] Tho: South Deft. J The Plantife demands the Plantacon upon Beuer Necke Formerly belonginge to John Greffam & Forfited to the Lord propriatory: by his Rebellion & Treason, And produces a spetiall wart FrO his Lorps to the Gouerr bearinge date the 26th August 1651 to passe a grant of the sd plantacon to the sd Brookes, From whom the sd Salter deriueth his Title by Convayance. The Deffendt alledges he hath a Convayance from Isacke Iliue who was possesed of the sd Land by vertue of A wart upon the Condicons of Plantacons granted by Capt Stone, & tht A Cirtificat of survay. was thereupon returned 18th August 1650 whereupon they Joyne Issue. Therefore It is Considered by the Court tht the wart pleaded by the deffendt Could not by vertue of any Conditions of plantacons be surveyed upon any Land Formerly escheated to his Lorps. The Court doth therefore Judge that the Land Convayed by Brookes to the Plant, bee by the Shirniffe put into his possescö & that the Defen |
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Volume 54, Page 135 View pdf image (33K) |
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