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133 Mind at the Time of the speakeing Thereof The Court therefore Order Judge and decree Those words soe spoken by the said Deery to be the Last will of the said Deery and that the said Ellinor Deery Owen Quigley and John Quigley are the Execut.rs of the said John Deery And that the sume of seven thousand seven hundred Ninety seaven pounds of Tobacco for Costs allowed the said John Quigley for the Charges in this behalfe Expended signed p.r order of the Judges of this Court of Deligates Charles Boteler Regist.r Att a Court of Chancery held att the Citty of S.t Maryes the Seventeenth day of October in the third yeare of the Dominion of the right Hon.ble Charles &c Annoq Domi One thousand six hundred seventy Eight Present Philip Calvert Esq.r Chancelour The Hon.ble W.m Calvert Esq.r Principall Secry Thomas Taillor Esq.r Henry Coursey Esq.r Nic Painter Bernard Johnson Comp.lt Between Bernard Johnson Comp.lt and John Abington Defend.t ag.t This cause comeing on in the Docquet of causes this day to be heard and debated John Abington Defend.t in the presence of Robert Ridgely Attorney for the Comp.lt and George Parker Attorney for the Defendent And the Comp.lts bill and Replicacon and the Defend.ts Answere being openly read and heard and upon hearing and debateing thereupon The said John Abington had and hearing what could be alleadged on either side, itt did sufficiently appeare Right nor Title in Law to the and the whole Court were fully satisfied that the said John Abington did assume said Tract of Land And itt upon himselfe and faithfully promise the Comp.lt that if the said Complt would stand sufficiently proved to the Tryall with the heyres of Thomas Letchworth deceased for the Tryall of the here Title of the said Land and should thereupon be Ejected that then hee the said John Abington would repay unto the said Johnson the purchase money for the said Land only deducting thereout soe much as the said Abington had really paid in purchaseing of rights surveying and Pattenting the said Land which being deducted itt appeared to the Court here that the said Johnson had paid unto the said Abington Thirteene hundred sixty Two pounds of Tobacco in part of the purchase of the said Lands Over and above all the said Abingtons disbursements as aforesaid And doth therefore thinke fitt and soe Order adjudge and Decree that the said John Abington deliver upp Cancelled and made Void unto the said Bernard Johnson the aforesaid bill of seaven thousand one hundred sixty seaven pounds of Tobacco And alsoe that the said John Abington repay unto the said Bernard Johnson Thirteene hundred sixty two pounds of tobacco which he the said Johnson formerly paid unto the said Abington in part for the purchase of the said Land Together with five thousand seaven hundred Ninety four pounds of Tobacco for Costs of suite taxed |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 133 View pdf image |
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