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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