Volume 748, Page 159 View pdf image |
(159 depending in this Court or att Common Law and stopt by the Injuncon of this Court bee & is hereby referred by this Court to the Hono.ble Leiu.tt Collon.ll Henry Darnall & Collon.ll Henry Jowles to examine audite & state y.e same, and to make their report to this hono.ble Court of their pceedings therein, att Saint Maryes y.e Tenth day of February next And that they the said Referrees Collon.ll Darnall and Collon.ll Jowles meet att such place & time to doe the same as to them shall seeme meete, they giveing Convenient Notice to both parties when and where to attend them, and that Collon.ll Darnall make report to this Court if the Defendant Burges ought to have Costs against the Comp.lt upon his dismission he being the Trustee of that Deed, that is by this Court vacated and had sold the Estate pursuant to the said deed to the defendant Dorsey and that the said Referres have y.e Coppies of all proceedings and deposicons in this case And that Comission Issue out of this Court to impower them accordingly December the Eighteenth One thousand six hundred seaventy Nine Comission then issued to Lieu.t Collonell Henry Darnall and Collonell Henry Jowles according to the aforegoing Decretall Order Att a Court of Chancery held att the Citty of Saint Maryes the sixteenth day of Octob.r one thousand six hundred seaventy Nine betweene John Haselwood and Ann his wife Ex.rx of the last will and Testament of John Avery Comp.lts and Benjamin Granger Defendant Present The hono.ble Philip Calvert Esq Chancello.r The hono.ble W.m Calvert Esq Secretary Councello.rs The hono.ble Coll Vincent Lowe Esq Surveyo.r Gen.ll The hono.ble Coll W.m Stevens Esq For as much as this Court was this day informed by Robert Carvile attorny for the Comp.lt in this cause that upon the seaventeenth day of October in the yeare of our Lord One thousand six hundred seaventy Eight the Comp.lts obtained a Decree in this Cause against the said defendant for the sume of twenty foure pound Sterling and the sume of Three thousand three hundred fifty five pounds of tobacco for costs of suite But before y.e Comp.lts could procure the said defend.t to be secured with a writt of Execucon of the said Decree or could bee apprehended upon pcesse of contempt for breath of the said Decree hee the said Defendant to the intent to defraud y.e Comp.lt of the fruite and benefitt of the said Decree did privately and fraudulently sell and Convey away all his Estate both reall and personall to One John Pollard of Dorchester County who was privy to and made acquainted with the said Decree ^before the said purchase and he the said Benj.a Granger is suite the said Decree^ Runn away out of this Province into parts unknowne and a Coppy of the Execucon of the said Decree hath beene left with the said Defendants wife and there hath beene two non est inventus returned upon an Attachm.t and attachm.t with Proclamacon issued out against y.e Defendant for breach of the said Decree all which appeared to this Court by the affidavit of the Comp.lt John Haselwood and the returne of y.e pcesse |
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Volume 748, Page 159 View pdf image |
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