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(106) Thereupon this Defend.t went with the other persons in the Bill ^named^ mentioned and viewed a peice of Land which this Defend.t did not take nor approve of for that the Land was not worth Two Thousand pounds of Tobacco p hundred Acres nor would Abraham Birkhead or any other person have given soe much for itt nor was the title thereof Cleere in the Comp.lt the same being vested in the Right Honnourable the Lord Proprietary as part of the Mannor of the Ridge nor did the Comp.lt shew the Defend.t any Speciall Warrant from his Excelencÿ nor did the Defend.t know or ever heare of any land the Comp.lt ever had upon the Ridge or belonging to the Ridge Mannor or ^of^ any Suite or tryall he ever had or brought against M.r White for anÿ land there or elce where or whether or no the said five hundred Acres of Land was surveyed or the reason whÿ the same was not soe surveyed nor did he or the other Defend.t to his knowledge beare him in hand by any faire promises to debarr him of any action at Law but beleived and hoped to prove of the Comp.lt would have performed his said Bargain and agreement on his part that the other Defend.t Nathaniell was alwayes Ready and willing to have Conveyed and assured the premises to the Comp.lt according to the said Agreement but the Comp.lt haveing Continued the possession of the Premisses for the terme of four yeares without paying any thing for the same to the Defend.t and not haveing paid or secured the said Purchase consideration or any part thereof or ever tendered any Conveyance of the Premisses to be Executed by the other Defend.t as he believed and was informed by him voluntarily quitted and left the possession of the Premisses and was not turned out by the Defend.ts or any other by their order or privity And thereupon the other Defend.t lett the same to James Nuttall And the Defend.t denyed the said Land Lyed within the mannors of Calverton or Zachayah or either of them or that thereupon or by this Defend.ts perswasion the other def.t refused to give the Comp.ts generall warranty or that Generall Warranty was to be given by the agreement aforesaid touching the said sale or Exchange or other or further then such Warrantÿ as is knitt by Lawe to every Exchang and denyed alsoe that by the Agreement aforesaid the said Purchase Consideration was not to be payd or secured untill the said Defend.t Nathaniell had Executed such deed of bargain and sale as the Comp.lt by his said Bill did suggest and he Conceived the Comp.lt had noe cause to molest this Defend.t w.th this vexatious suite after the end of seven yeares to have the said bare paroll agreement Executed or satisfaction for his pretended disbursments when noe earnest or any part of the Purchase (Consideration) |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 106 View pdf image |
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