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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 114   View pdf image
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114

       assureance from Hawley in his life tyme for the said four hundred
       of Land and the land being as the said Marÿ told him as aforesaid setled
       as aforesaid the Defend.t Conceived the said Nicholas could not make the
       Def.t a good title to the said four hundred Acres of Land  And therefore
       urged the said Nicholas severall tymes to Repay the said Three Thousand
       pounds of Tobacco but the said Nicholas assured this Defend.t that he
       had a good title to the said land and could Lawfully Convey the same
       to him and make him a good title of Inheritance Thereupon the Defend.t
       being Ignorant in the Lawe applyed himselfe to the Honn.rble Phillip Calvert
       Esq then Secretarÿ of this Province and to severall other Eminent and
       learned persons for advice in the premisses who all assured the Defend.t
       that he said Guythers Right was good to the said Land but the
       Secretarÿ advised him that unlesse his Lordps Rent were paid the said
       Land would be forfeited & the said Guyther Solicited the Def.t to paÿ
       the said Two Thousand pounds of Tobacco remainder of the purchase
       moneÿ to enable him to paÿ the Rent aforesaid w.ch the Def.t refuseing
       untill an assembly satt the Defend.t thinking that would be the best
       way to secure his Land to have itt made over in a generall Assembly and
       thereupon the said Nicholas att a Generall assembly held for this Province
       by indenture duely Executed in the Lower house of assembly and attested
       by William Evans & Luke Gardner members of the said house and W.m
       Britton Clarke of the said house the Sixth day of Aprill Anno Domi
       one thousand six hundred sixty & one between the said Nich.o Guyther and
       the Defend.t w.ch wittnessed that the Said Nicholas in Consideration of
       five Thousand pounds of Tobacco had sold aliened and Bargained the said
       four hundred Acres of Land w.th the Appurtenances to the said Def.t &
       his heyres for ever under the Rent of one Bushell of Indian Corne and
       other rents and Covenants in the same Indenture Contayned  And further
       the Said Nicholas did in the same indenture declare that whereas he
       was Lawfully possessed of the Estate that did formerly belong to Will.m
       Hawley deceased as by a Lawfull order of the Provinciall Court bearing
       date the four and twentieth day of March one Thousand six hundred fifty
       and two might appeare had sold the said Land to provide a Sufficiency
       wherewithall to pay what arrearages of Rent were behind that the
                                                                                           (Whole)


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 114   View pdf image
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