| Volume 66, Page 238 View pdf image (33K) |
238 Provincial Court Proceedings, 1676.
Liber N N to an Order from his Lopps Leivt Generall of this Province Charles
Calvert Esq three hundred acres of land in Pangaya Mannour, and
of the said Survey make a Certificate & thereof draw a paire of Leases
from his said Lopp to the said ffrancis for the same, he the said
ffrancis did faithfully promise that he the said ffrancis for his labor
paines & travell therein would pay unto him the said James what he
should deserve for the same, And the said James in fact saith that
he did survey for the said ffrancis Wyne three hundred acres of
Land in the said Mannor of Pangaya & did draw out a Certificate &
also a paire of leases thereof, and that for his paines labor and
travell in and about the Same he doth reasonably deserve the summe
of seven hundred sixty and five pounds of tobacco, notwithstanding
which the Said ffrancis his pmise so as aforesaid made not regard-
ing but the Said James deviseing in this ease to defraud, the said
James for his paines labour & travell aforesaid to Satisfie though
often thereunto required hath denyed and as yet denyes to doe the
Same, to the damage of the Said James two thousand pounds of
tobacco & thereupon he bringeth his Suite.
And the said ffrancis by Benjamin Rozer his Attorny cometh
and defendeth the force and injury when &c and prayeth liberty of
Speakeing hereunto untill the next Provinciall Court and it is granted
him the same day is given to the Said James Thompson.
Att which day to witt the fourtenth day of April 1676 Came the
said James and ffrancis by their Attornyes aforesaid and the said
ffrancis saith that the said James Thompson did not Survey for him
the said ffrancis any tract of Land in any of his Lopps Mannours
nor did make any Certificate of the same, neither did draw any leases
thereof nor did the said ffrancis assume to make any Satisfaction
for the Same as he the said James in his declaration hath alleadged
and this he prayeth may be enquired into by the Country and the
said James likewise. Therefore Comand is given to the Sheriff of
st Maries County that he cause to come here twelve &c by whom &c
to recognize, who neither &c because aswell &c and the jurors of
that jury came to witt William Abestone John Askin Thomas
Stonstreet Henry Rider Richard Ridgell Richd Atwood Thomas
Potter Richard Chilman Wm Newport, Giles Blizard Robt Large &
Nicholas Guither who being impannelled Suthoned & Sworne to say
the truth in the premisses upon their Oathes doe say Wee find for
the plaintiff with costs of suite. Whereupon it is granted by the
Court here that the said James Thompson recover against the said
ffrancis Wy[n]e aswell the summe of Seven hundred sixty five
pounds of tobacco for his damages occasioned by the trespas afore-
said as also the summe of nine hundred flinty two pounds of tobacco
cost of suite.
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| Volume 66, Page 238 View pdf image (33K) |
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