Volume 748, Page 103 View pdf image |
(103) have the said land layd out & surveyed but by reason that they could not prdently gett a Chapman to whom they might Sell the Same (one Abraham Birkhead haveing agreed to buy the same and then Refused) the said five hundred acres of Land was not then surveyed and the said Nathaniell by the Advice of his Brother Thomas (as the Comp.lt was Informed) refused not onely to medle therewith but to accept of the said tenn Thousand pounds of Tobacco or Security for the same or to give the Comp.lt any legall Conveyance of and for the said one Thousand Acres of Land and the Comp.lt was very well assured he the said Nathaniell would have Complyed with the said Contract and accepted of the said Comp.lt the said Tobacco and land and made the Comp.lt sufficient Conveyance of the said land had itt not been by the manner and persuasion of the said Thomas and the reason why the said Thomas did hinder the Doeing and Executing thereof was (as the Comp.lt was informed) for that itt was given out and Reported that upon a due survey of his Lordshipps mannors of Calverton or Zachiah the said one Thousand Acres would fall to be within his Lordps said Mannors or one of them & therefore they refused to give the Comp.lt a generall warranty which the Comp.lt for the Reasons aforesaid was the more earnest to have and then againe by himselfe and freinds did Importune them to make him such form Estate of the Premisses as aforesaid but the Def.ts understanding what vast Charges and Expences the Comp.lt had been att in cleering building and improveing the premisses and other Charges about the same & the Comp.lt haveing shewed them an accompt of his said Charges & disbursments amounting to the sume of Thirty and four Thousand pounds of Tobacco & upwards and demanding Satisfaction for the same according to the said Thomas Letter and agreement aforesaid or a sufficient assureance and title to the Premisses to be made him as aforesaid they not onely denyed and refused to paÿ or doe the same but had turned the Comp.lt out of the possession of the said Lands & premises soe built on & cleered as aforesaid & had lett the same to one James Nutthall who was then in Possession thereof contrary to Equity and good Conscience therefor and for that the Comp.lt had noe wayes or meanes att and by the Comon Law to enforce a performance of the said agreement or to recover satisfaction for the great Charges & disbursments by the Comp.lt Expended in and about the Premisses and other his Damages by him susteyned by reason of the non performance of the said agreement and Contract aforesaid for that the Said Thomas and Nathaniell by their faire promisse and Persuasions |
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Volume 748, Page 103 View pdf image |
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