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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Volume 748, Page 136 View pdf image |
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