| Volume 70, Page 227 View pdf image (33K) |
Provincial Court Proceedings, 1682. 227
doe the next Provinciall Court appeare to this Declaration and Liber W. C.
make him or themselves defts. thereunto & by rule of Court Con
fesse the aforesaid Lease entry and ejectment and insist onely upon
the Title the deft in this Declaration will Con fesse Judgment and
possession will be delivered accordingly to the plt
To William Grant Tennant in possession of the premises wthin
Menconed
Danll Phillipps.
Att wch said next Provinciall Court came the said plt by his
Attorney aforesaid & Harry Jowles by George Parker his Attorney
& defended the force and Injury when &c. And in the same Cause
It is Ordered by the Consent of the said plt and deft and their
Attorneys that the said Henry Jowles should be admitted deft:
And that he forthwith appeare and Receive a Declaracon and plead
to it the general Issue, And at the Tryall to be thereupon had the
said Henry Jowles shall appeare in his prop pson and shall Con
fesse Lease Entry and Ejectment or that in Default thereof Judg
ment shall be Entred against the said Defendt Daniel Phillips the
Casuall Ejector, But all further prosecucon agt him shall cease
untill the Said Henry Jowles shall make default in any of the
prmisses, And Itt is further Ordered by the Court by the Consent p. 580
aforesaid that the said Henry Jowles shall not take any advantage
against the plt for not Prosecuteing upon the tryall occasioned by
such default but that the said Henry Jowles shall pay to the plt the
Costs by this Court to be taxed in this Cause, And Itt is further
Ordered that the Lessor to the plt shall be Charged wth the Pay
ment of the costs to the deft If any be adjudged to him and the
same Cause was continued untill the next Provinciall Court
Att wch said next Provinciall Court to witt the second day of
May in the sixth yeare of the Dominion of the Rtt honobie Charles
Lord Baltemore &c Annoq Doni 1681 Came the said Partyes by
their Attorneys aforesaid, viz the said plt by his said Attorney and
William Groome Sonn and heire of William Groome decd an infant
undr the age of One and Twenty yeares by Henry Jowles and
Sybilla his wife his guardians by this Court Admitted deft: by his
said Attorney, And this Cause standing at issue Ready for tryall
this present Court, but because it appeareth to the Court here that
it is an Accon of Ejectment & that it is Comenced by the said
Walter Smith as Lessee of Richard Smith & Elizabeth his wife &
Christopher Baynes & Ann his wife against Daniel Phillipps Casuall
Ejector to try the title to one Messuage and One thousand Acres
of land called Brooke Ridge Lyeing on the south side of Petuxent
River betweene Brooke Creeke & a Western branch of the Divide
ing Creeke called St Charles Begining att a marked oake by the
side of st Charles branch wth a line drawne west from the said Oake
for the length of two hundred and fifty perches to an oake, With
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| Volume 70, Page 227 View pdf image (33K) |
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