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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 136   View pdf image
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136

       Robert Brooke Esq.r the Comp.lt positively affirmed itt was not and desired
       the Defend.t but to take itt upp and Pattent itt in his owne name and assigne
       but his right and title to the Comp.lt itt would be sufficient for him  And ^that^ the Defend.t
       needed not to trouble himselfe about the title of the Land or the bounds thereof
       that he the Comp.lt would run as the hazard of all other person or persons as should
       Clayme any right or Title to the said Land which the Comp.lt said he could not
       take upp himselfe because he was not naturalized being a Dutchman borne
       And ^that^ thereupon the Defend.t did att the solicitacon of the Comp.lt and meerely to
       due him a bindnes procured the said Land to be Surveyed and Pattented in
       his the Defend.ts owne name  And did in persuance of y.e agreement between
       the Comp.lt & Defend.t by a writeing under their hands bearing date the
       Thirteenth day of February one thousand six hundred seaventy one for the
       Consideracon therein Expressed bargaine sell assigne and sett over all his
       Right Title and interest to the said parcell of Land with a Clause of reentry
       thereunto upon the nonpayment of six thousand pounds of tobacco to the
       Defend.t or his assignes  And the Defend.t further saith that the said Land
       was att the Comp.lts request Pattented in the Defend.ts name  And that he denyed
       that ever told the Comp.lt that he the said had a good right and title to the said
       Land and would make the Comp.lt a good Estate of the same or that the Defend.t
       did ever perswade the Comp.lt to buy the same  And that the Defend.t did take
       the same upp att the Comp.lts request and was by agreem.t what Pattented to
       sell the same to the Comp.lt as aforesaid  And that he Confessed that he sold the
       same to the Comp.lt for six thousand pounds of Tobacco  And that the Comp.lt being
       indebted to the Defend.t in Eleven hundred sixty seven pounds of tobacco more
       passed bill to the Defend.t for Seven thousand one hundred sixty seaven pounds of tobacco
       And that they Comp.lt not paying according to his bill put the same in suite  And
       the Comp.lt being then not able to pay the said seven thousand one hundred sixty
       seven pounds tobacco & importuning the Defend.t to forbeare him a little longer
       the Defend.t was Content upon his promise to make good pay the next yeare and to
       pay the Costs of suite which Came to foure hundred seventy five pounds tobacco
       to surcease the suite  And that thereupon the Comp.lt did forthwith by his bill
       bearing date the Eighteenth day of Octob.r in the yeare of our Lord God one thousand
       six hundred seventy and three became bound to the Defend.t in y.e sume of Seven thousand
       six hundred forty two pounds of tobacco  And that the Comp.lt hath paid thereof to the
       Defend.t Three thousand five hundred and sixteene pounds of tobacco & no more  And
       the Defend.t further said that the Comp.lt did perswade him to Pattent for him the
       Comp.lt the said Land which was formerly taken upp and was agreed to be sold
       to the Comp.lt as aforesaid  And that was only intended by the writeing a aforesaid
       that the Defend.t should only sell all his Right and Title to the said Land and
       premisses with warranty only again settle Defend.t and his heyres and Clayming
       by from or under him  And that the Defend.t did never pretend that he had sufficient
       right to sell the same  And that he knew not that the same belonged to the heyres
       of Letchworth or that the Defend.t ever aymed att any fraud to deceive the Comp.lt or was
       ever medled with the Land if not att the Comp.lts request  And Confessed that the
       Comp.lt in or about the Month of December one thousand six hundred seventy six
       Came to the Defendants house att Petuxent and told him that if he would take one thousand
       five hundred pounds of tobacco in full satisfaccon of the said Bill he would pay


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 136   View pdf image
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