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108 Made or Received and that therefore the Comp.lt ought to be reimbursed his Damages and Charges aforesaid according to the said Defend.t Thomas his agreement aforesaid But the said Defend.t attorny alleadging that by the said agreement the said Nathaniell was not to give Generall Warranty but such Conveyance was then usuall in this Countreÿ and the said Land was then and still is cleer of his Lordps Mannor and that he is already Reimbursed what he layd out by preception of profitts this Court thereupon and upon Reading the said Letter or writeing of the said Thomas Truman and the proofes taken in this cause and hearing of what could be alleadged on either side was fully satisfied that the said Comp.lt ought to have ^had^ a good deed of sale of the Premisses to him & his heyrs for ever with a generall warranty against all persons whatsoever which was denyed to be given him and that therefore itt was to noe purpose for him to tender any deed of Conveyance to be sealed or any security for his purchase Consideration and doe therefore think fitt to releeve the said Comp.lt against the Statute of Limitations and soe order and Decree that the said Defend.t Thomas Truman doe paÿ unto the said Comp.lt all such Charges and Damages as the said Comp.lt hath laid out & Expended & sustained by non performance of the agreement aforesaid and in the Removeing his family & stock to the said Trumans Plantation and in seating building fenceing and Cleering the Same and all other necessary Charges relateing thereunto according to the said writeing under the hand of the said Thomas Truman deducting thereout all such sum or sums of Tobacco as the said Comp.lt hath or without his owne wilfull defavor might have received out of the said Plantation of one Thousand Acres by the preception of the Profitts thereof from the tyme of his Entry thereunto till he left the same And forasmuch as it is not known to the Court what Charges or damages the said Comp.lt hath layd out & Expended or susteyned by non performance of the agreement aforesaid and in seating Cleering & building upon the Plantation aforesaid and other Charges relateing thereunto or what profitts have been by him received or which he without his own wilfull default might have Received as aforesaid and for that the same is Property tryable att Comon Law by a Jurÿ, this Court doth therefore further order that a writt (Inquirÿ) |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 108 View pdf image |
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