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(104) Perswasions aforesaid had borne the Comp.lt soe long in hand that he might att the Comon Law be Barred by the Statute of Limitations Therefore to be releived against barr of the said Statute and in all other the Premisses and that the said Defend.ts might answer the premisses and sett forth the Particular agreements Contracts premisses meetings transactions & matters aforesaid and whether the said Thomas as attorney of Nathaniell did not agree to sell the premises to the Comp.lt as aforesaid and att the Rate aforesaid and att the Rarte aforesaid and was to procure such Conveyance w.th generall Warranty as aforesaid and that they might be Compelled by the order and Decree of this Court either to make a Sufficient Conveyance and assureance of the said Land to the Comp.lt with Generall Warrantÿ as aforesaid & alsoe pay unto the Comp.lt what Damages and losse he had sustained by the non performance of the said agreement or else pay unto the Comp.lt all such Charges and disbursments as he had been att and laid out in and upon the Premises with his Damages for not performing the said agreement as aforesaid was the Effect of the Comp.lts Suite but it being alleadged by the Defend.ts Attorneÿ that Nath.ll Trueman one of the Defend.ts since the Comencement of this suite was dead and that he had by his will devised his Lands to Infants who were noe partyes to this suite and without makeing them parties this Court as to the Land could not proceed to Judgement whereupon the Comp.lts attorney alleadged that this cause had been long ready for a hearing and the Def.t Nathaniell in his life tyme had been served with proces to heare Judgment and this cause had before his death Received a finall determination if by this Court the cause had not been putt of and that the said Defend.t Thomas was the principall Defend.t against whom the Comp.lt sought releife for his Damages in case the said Land were not Conveyed to him as aforesaid and that as against the said Defend.t Thomas they might proceed to hearing this Court thereupon proceed to the reading of the Defend.ts answers and the said Defend.t Thomas Trueman by answer said that in the moneth of November one thousand six hundred sixty seven (the other Defend.t being then in England) the Comp.lt Repayred to this Defend.t (who had formerly done him many kindnesses) and earnestly importuned him this Defend.t to accomodate the Comp.lt w.th a seale of Land whereon to implÿ his servants whereupon there hapened between them some Comunication Concerning the Comp.lts purchaseing the said one Thousand acres and his sealing thereupon (And) |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 104 View pdf image |
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