Volume 70, Page 264 View pdf image (33K) |
264 Provincial Court Proceedings, 1682. Liber W. C. aforesaid included within the bounds agreed upon as aforesaid ac cording to the forme & effect of the said award And the Award aforesaid to performe & Keepe And the peaceable posession of the Land houses fences aforesaid to deliver doth still denye and refuse And this he is ready to verify whereupon he prayes Judgment & his debt aforesaid together with his Damages by Occasion of detaine ing of that debt to him to be Adjudged &c: And the said William Steevens by his said Attorney Sayth that for any thing above in the Replicacon of the said Lovelace alleadged he the sd Lovelace his accon against him ought not to maintaine Because he Sayth that the Replicacon aforesaid & the matter therein contained is not Sufficient in law to maintaine the said accon Nor hath the said William Steevens any need nor by the Law of this Province is bound thereto to answere and this he is ready to averr Whereupon for want of a Sufficient Replicacon in this behalfe the p. 610 said William Steevens Prayeth Judgment of the said Replication and if thereupon the said Lovelace his said accon against him Ought to maintaine &c, And for Causes of Demurrer according to the forme of the Statute in this Case made and Provided he the said William Steevens to the Court here sheweth that the Said Replicacon of the Said Lovelace is uncertaine Vagous & wants forme, And that the Said Lovelace doth not Sett forth that there were two parts of the Said Award according to the Condition afore said And further that the Said Award is in it Self voyd in law in regard the Arbitrators by law have not Power to determine the right of ffree hold And likewise that ye submission was onely of lands in the possession of the said Lovelace And therefore to award that the said William should give the said Lovelace posession was matter out of the said Submission and soe voyd And the aforesaid Lovelace Gossage by his Attorney aforesaid Sayth That the plea aforesd by him the said Lovelace in manner and forme aforesaid above by Replicacon pleaded and the matter in the same contained is good and Sufficient in the law to main taine the accon of him the Said Lovelace had against him the said William & that the same Plea and the matter therein contained the said Lovelace is ready to verify & prove as the Court shall Award, And because the said William to the plea aforesaid doth not answr nor the Same in any thing doth gainesay Therefore the said Love- lace as before Prayeth Judgment and his debt aforesaid with his Damages by the Occasion of the detaining of the debt aforesaid to him to be adjudged All wth being Read and heard and by the Justices here fully undrstood & dilligently Examined Itt Seemeth to the Same Justices here, that the Demurrer aforesaid of the aforesaid William Steevens in manner aforesaid pleaded: is a good Demurrer, and that for the Reasons and Causes therein contained the aforesaid Lovelace Gos |
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Volume 70, Page 264 View pdf image (33K) |
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