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115 whole might not be forfeited for non payment of his Lordpps Rents and therefore the said Nicholas did bind himselfe and his heyres to make the said sale good as by the Said Indenture might appeare by vertue whereof the Defend.t intered into the Premisses and four hundred Acres of Land and became thereof seized and had been ever since in possession thereof and that after the sealing thereof his Excelen^cy^ Charles Calvert Esq.r Cap.n Generall of this Province & Henry Sewall Esq.r Secretary of this Province comeing to the Defend.ts house the Defend.ts wittnesses being then liveing that Could prove the Def.t bought the said four hundred Acres of Land of the Said William Hawleÿ in his life tyme and that he paid Three thousand pounds of Tobacco in part of payment for the same thought hee had not assureance from Hawley under his hand but produceing the Said Indenture to them to know if the same were vallid and good in Law otherwise that he would procure his Evidences to bee sworne & Examined in this Court in perpetuam rei memoriam to prove his Purchase of Hawley in his life tyme his honnour the Governour did then assure the Defend.t that he had a good title without haveing itt from W.m Hawley but the Secretary said W.m Hawley had noe title to the premisses but the same belonged to the heyres of Jerome Hawley deceased and the Governour had then a letter of Attorneÿ from the Daughters of the Said Jerome Hawleÿ whose land itt really was and the said Secretarÿ said if the Defend.t would give him a sorrell horse he would make the Defend.ts title good to the said four hundred Acres of Land and Since he was advised by all persons that were learned in the Laws that his title was good and soe he proceeded noe further and hath Continued in the Quiet and peaceable possession ever since and payd the rent and soe w.th the Generall Traverse he Concluded his answer to w.ch Answere of the said Defend.ts the Comp.lt Replyed and the matter being att a full & perfect Issue divers wittnesses were Examined in the said Cause and the Depositions duely published according to the Antient and accustomed rules of this Court and this cause being Ripe for a hearing before a day was by this Court appointed for the hearing thereof the said Thomas Mathews the Elder dyed leaveing behind him Thomas Mathews the younger his sonne and heyre who present after dyed alsoe and soe the Said suit abated and the said Thomas Mathews the younger left behind the Defendant Ignatius Mathews his sonne and heyre an infant who claymed right to the Premisses either as heyre to the said Thomas Mathews the elder or by vertue of some other Right by will or otherwise Therefore that the said suite and all the Proceedings thereupon might stand revived against the said Ignatius Mathews and that hee might Sett forth his title to the said Lands and Premisses and that the Premisses might be decreed to the Comp.lt & his heyres for ever he alsoe prayed the ayd and assistance of this Honn.rble Court and processe of subp.a to be directed to the said Ignatius Mathews to (appeare) |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 115 View pdf image |
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