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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 103   View pdf image
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                                                                                                             (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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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 103   View pdf image
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