Volume 748, Page 134 View pdf image |
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134 by the Hon.ble the Chancello.r which said bill of seaven thousand one hundred sixty and seaven pounds of Tobacco George Parker Gentl Attorney for the said John Abington did in open Court assume to deliver upp unto the said Johnson Att the next Provincial Court Maryland ss Att a Court of Chancery held att the Citty of Saint Maryes the seaventeenth day of Octob.r in the Third yeare of the Dominion of Charles &c Annoq Domi One thousand six hundred seaventy Eight p.rsent Philip Calvert Esq.r Chancello.r The Hono.ble W.m Calvert Esq.r Secry Thomas Tailor Esq.r Henry Coursey Esq.r Betweene Bernard Johnson Comp.lt & John Abington Defend.t This cause comeing on in the Docquet of causes this day to be heard and debated in the p.rsence of Robert Ridgely Attorney for the Comp.lt and George Parker Attorney for the Defend.t the substance of the Comp.lts bill appeared to be That the said Bernard Johnson in or about the Thirteenth day of February in the yeare of our Lord One thousand six hundred seaventy one having Certaine Communicacon with the said John Abington about the purchase of a parcell of Land Called Glocester Hall lyeing in Calvert County on the south side of Petuxent River Containing by survey Three hundred and seaventy Acres the said Bernard did bargaine and agree with the said Johnson for the said Land for six thousand pounds of tobacco the said John assureing the said Bernard that he had a good right and title to the same And that the said Bernard for the performance thereof did passe bill payable to the said Abington for seaven thousand and odd pounds of tobacco to say six thousand thereof for the Land and the remainder for goods bought of the said Abington which said bill the said Abington put in suite and that the said Johnson and Abington did thereupon come to an agreement and the said Johnson passed passed his bill for seaven thousand foure hundred twenty and foure pounds of tobacco And the said Johnson And the said Johnson in the said bill of Complaint further shewed That upon his passing his first bill to the said Abington the said Abington drew upp a Certaine condicon in writeing therein reciteing that he did agree to sell the said Johnson only all his right and title to the said Land with a clause of reentry upon nonpayment of the sume six thousand pounds of tobacco in part of a bill for a bigger Sume and that the said writeing was barely under the hand of the said Abington And further shewed that the said Land is claimed by the orphants of Thomas Letchworth deceased And that he the said Johnson hath laid out and expended in building fenceing and cleering in and upon the same Twenty thousand pounds of tobacco and that about Two yeares since Elizabeth Letchworth widdow of the said Thomas Letchworth and Guardian to the orphants of the said Thomas Claimed the said Land in right of her Children and warned the said Johnson of the same and thereupon the said Johnson preffered him the said Abington the remaining part of the purchase Tobacco Provided hee would secure unto him a good title thereunto which the said Abington refused alleadging that he only sold unto him the said Johnson only his right and title to it and that he was not bound to secure him but that he expected and demanded the payment of the remainder of the Tobacco which the said Johnson |
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Volume 748, Page 134 View pdf image |
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