| 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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