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135 refused untill he should have a good title made him to the premises by the said Abington And that the said Abington hath ^not^ only refused to make the Comp.lt a good title to the said Land or to repay him back what he hath allready paid him for the said Land and to make him satisfaccon for what he hath expended and laid out in building fenceing &c in and about the same And that the said Abington hath unconscionably comenced his action against the Comp.lt in the Provinciall Court for the sume of Seaven thousand six hundred pounds forty two pounds of tobacco the bill passed to the said Abington as aforesaid And that the Comp.lt hath allready paid the said Abington Three thousand foure hundred twenty foure pounds of tobacco in part of the bill aforesaid And that the Abington will without relieved in this Hon.ble Court by the strict Rules of the Comon Law gett Judgment against the Comp.lt for the whole sume the Comp.lt not being able to prove payment of the said Three thousand foure hundred twenty foure thousand pounds Tobacco And that the Comp.lt is wholly remediles by the strict rules of the Comon Law not being able to lesse prove his bargaine about the said Land and being only & property relievable in this High and Hon.ble Court And that he humbly hopes that this Court will Decree and order the said Abington fully to satisfie and pay the Comp.lt not only what he hath paid him in and towards the purchase of the premisses And all sumes as the Comp.lt hath expended and laid out in and upon the same together with his damages sustained thereby But alsoe that the said bill of seaven thousand six hundred forty two pounds of tobacco now in the hands of the said Abington to be delivered upp and Cancelled and that the said suite might be stayed by injunction And ^that^ the said Abington might have answere might make to the premisses and the Comp.lt relieved therein according to Equity he humbly craved that proces of Subp.a might be awarded out of the Hon.ble Court against the said ^John^ Abington to appeare and answer the premisses the which being granted and the said John Abington therewithall served who appeared accordingly and putt in his answer to the said bill and thereby amongst other things did sett forth that in or about the Month of in the yeare of our Lord one thousand six hundred and seaven the Comp.lt came to the Defend.ts house in Petuxent River and told the defend.t that knew of a parcell of brave rich and good Land which had layen dormant a long tyme not farr from the Defend.ts Land And that itt had never bin surveyed or taken upp by any person And that if the Defend.t would take the same upp in his owne name and afterwards sell the same to the Comp.lt itt would be a Very great Courtesie to the Comp.lt and he the Comp.lt would pay him for his Charges in buying rights and proveing the same and in Surveying and Pattenting the same and other Charges thereabouts and for courtesie he takeing the same upp a Considerable quantity of tobacco And that before the Comp.lt would acquaint the Defend.t where the Land lay he caused the Defend.t to make him a promise and engagem.t to sell him his right and title of the said Land when Pattented And that when the Comp.lt had made the Defend.t acquainted where the land lay and had shewn the Defend.t and M.r Charles Boteler there Deputy surveyo.r some marked trees which he said was the utmost bounds of a Tract of Land called Brooke Court which the ^land^ lay adjoyned that the Defend.t demanded of the Comp.lt if that Land was not part of Brooke Court formerly Granted to |
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Chancery Court, Chancery Record, 1671-1712
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