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(107) paid or secured to the Defend.ts knowledge and the said other Defend.t being really damnified for want of the said Purchase Consideration the sum of tenn Thousand pounds of Tobacco and upwards as he verily beleeved and the said other def.t Nathaniell by his answer did sett forth that he was seized in fee of the premisses & that att his going for England he had noe intention to sell the Same nor had any Comunication with the Comp.lt about the same but att his Returne the other defend.t informed him of the Contract as before in the said other defend.ts answer is sett forth and the Defend.t was willing to Confirme the same and Saith in all other things as the said other Defend.t hath before sett forth and Expressed And further that he did not know what Charges the Comp.lt had been att in cleering and building upon the premisses nor did he ever shew him any noate thereof but the Defend.t beleived and hoped to prove to this Court that he had satisfied and Reimbursed himselfe all such Charges as he had laid out thereupon by preception of the proffitts of the Premisses for the said terme of four yeares with an overplus or might have soe done and Enjoyed the Benefitt of his said Bargain had itt not been through his own willfull default and that he was really damnified for want of the said Purchase Consideration tenn Thousand pounds of Tobacco and upwards and itt being alleadged by the Comp.lts Attorneys that itt appeared by the said Defend.t Thomas Truman letter or writeing under his hand as aforesaid which was by the Defend.t in his answer Confessed to have been by him given to the said Comp.lt and now read in Court that the said Thomas Truman thereby did agree promise that his said Brother the said Nathaniell should make and give to the said Comp.lt a good sale of the premises or else that the said Thomas Did bind himselfe his heyres Executors & Administrators firmly bÿ those presents to make full satisfaction to the said Comp.lt for all his Charge and trouble he hath been att in seating of the said land and that the best waÿ of giveing sufficient assureances of Land is to give Generall Warranty as in this Case was required and which the said Comp.lts attornyes urged was necessary to be given since there was not onely a report that the said Land was within mÿ Lords Mannor but that it was made appeare there was one bound tree found upon the said Land which was the Reason that the Comp.lt demanded a deed with a Generall Warrantÿ and upon makeing such Deed he tendered part of his purchase Consideration and was readÿ to have given security for the Remainder which was Refused to be (Made) |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 107 View pdf image |
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