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137 itt to him and no more And that he allwayes was and still is ready and hath made sealed and delivered allready for the use of the Comp.lt a Conveyance of the said Land and all his right and Title to the same with warranty only against himselfe & all Clayming by from or under him and noe otherwise according to the said agreem.t betweene the Comp.lt and Defend.t And that the Comp.lt undertooke to runn the hazzard of the Title if the Defend.t would sell to him the said land And soe with the Generall Traverse he Concluded his Answere to which answere of the said Defend.t the Comp.lt replyed And the said Cause standing att issue ready for ^a^ hearing And upon reading of the said bill and Answere and the severall deposicons taken in this cause and all other proofes and papers touching the same itt did sufficiently appeare and the whole Court were fully satisfied that the said John Abington had noe Right nor Title in Law to the aforesaid Tract of Land And itt being sufficiently proved to the Court here that the said John Abington did assume upon himselfe and faithfully promised the Comp.lt that if the said Comp.lt would stand Tryall with the heyres of Thomas Letchworth deceased for the Tryall of the Title of the said Land and should thereupon be Erected that then he 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 purchasing 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 Land Over and above all the said Abingtons disbursements as aforesaid And alsoe that the said John Abington repay unto the said Bernard Johnson Thirteen hundred sixty ^two^ pounds of tobacco which he the said Johnson formerly paid unto the said Abington in part of the purchase of the said Land Together with Five thousand seven hundred Ninety foure pounds of Tobacco for Costs of suite Taxed by the Hono.ble the Chancello.r which said bill of Seaven thousand one hundred sixty 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 Provinciall Court Jn.o Haslewood & Anne ux Comp.lts This Cause comeing on in the Docquett of Causes this day to be ag.t heard & Debated in the presence of Robert Carvile Attorney Benj.a Grainger Def.t for the Comp.lts & Robert Ridgely Attorney for the Def.t upon Bill and Answeare which being evenly read & heare & upon heareing & debateing thereupon & heareing what could be alleadged on either side & this Court was all cleerly satisfied that the said John Avery deced did in his life time Lend to & entrust the said Benj.a Grainger with severall Quantitys of Goods & divers Sumes of money And doth therefore thinke fitt & soe order Adjudge & decree that the Said Benj.a Granger doe forthwith pay unto the said John Haslewood & Anne his wife Ex.rx as aforesaid the sume of Foure & Twenty pounds Lawfull money of England and together with Three Thousand Three hundred Fifty & five pounds of Tob Cost of suit |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 137 View pdf image |
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