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158) were Examined on both sides and the said Cause was ripe for publicacon and to receive a Inditiall hearing as by the said recited bill answere replicacon examination of witnesseth other the proceedings thereupon all of them remayning upon Record in this hono.ble Court more fully and at large the same doth and may appeare And publicacon haveing passed ^in^ the said Cause accordingly and the said cause being sett downe for hearing this day (to witt) the Fourteenth day of Octob.r in the fourth yeare of the Dominion of the R.tt hono.ble Charles Lord Baltemore &c annoq Domi one thousand six hundred seaventy Nine Att which said day att the Citty of Saint Maryes the said Cause standeth att full & perfect Issue as aforesaid and comeing to a hearing before the hono.ble Philip Calvert Esq Chancello.r The hono.ble Vincent Lowe Esq Surveyo.r gene.ll The hono.ble Leiu.t Collon.ll Henry Darnall Esq and Collon.ll Willm Stevens Esq in the p.rsence of both parties and their attornyes on both sides that is to say Christopher Rousby Esq attorney for the Comp.lts and Robert Carvile gen attorney for the Defendants upon full debate of all the matters in Controversie by the attorneys of both sides and the reading the deposicons ^& proofes^ of both sides This Court are all Clearly satisfied and soe doe adjudge and Decree that the Deed made by the Comp.lt Damoras to the Defendant Burges before her intermariage with the Comp.lt and while she was reputed Ex.rx of the said Nicholas Wyatt deceased bee voyd and null to all intents and purposes whatsoever And that whatsoever is awarded to the said Damoras in the award made by the Defendants Burges & Taylor before menconed is and doth pperly belong and apptaine to the Comp.lt Thomas And whereas the Comp.lt Thomas hath alleadged to this Court that hee hath delivered the Defendant Edward much more then the first Inventory did amount to and hath produced his acompt thereof to this Court and craved allowance thereof and alsoe of severall other disbursments Expences and paym.ts made the said Defendnat Edward and alsoe of severall Damages sustained by occasion of the said Edwards unjust and illegall Entring in and upon the plantacon pperly belonging to the said Thomas by the said award & alsoe makeing use of & Converting to his owne use severall Cropps of Tobacco goods Marchandize servants and other things proply belonging to the said Thomas also denyeing to pay him seav.ll sumes of Tobacco and to [illegible] him possession of what was awarded to the said Thomas aswell ^by^ of the award of the hono.ble Chancello.r as by the award of the Defendants Burges and Taylor The Court have thought fitt that Richard Hill one of the Defendants to this bill bee dismissed with Costs and alsoe that Collon.ll Willm Burges one other of the Defend.ts bee likewise dismissed and that the Comp.lt Thomas be possessed of all and singular the [illegible] to the Comp.lt Damoras awarded in the award of the Defendants Burges and Taylor that the Defendant Dorsey deliver the same to y.e Comp.lt Thomas and that the accompt of the Complt Thomas and all other matters betweene the said Bland & Dorsey |
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Chancery Court, Chancery Record, 1671-1712
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