Volume 748, Page 165 View pdf image |
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(165 Adm.r that att Our Prov.all Court held att our Citty of St Maryes the tenth day of Aprill 1678 The said Comp.lt recovered Judgment against the estate of the said Vincent in the hands of the said Samuell Remayning for the penalty of the said bond being the sume of Twenty Thousand pounds of tobacco and five hundred fifty and two pounds of tobacco costs of suite and the said Comp.lt sued Out a writt of Fieri fac out of the same Court to the same sheriffe of Kent County directed to Leavie the said debts and Costs of the goods and Chattells of the said Vincent in the hands of the said Samuell But the said sheriffe Returned That any of the goods and Chattells of the said Vincent in his Baliwick hee could not finde whereupon to make the Debt and Costs aforesaid Whereupon the said Comp.lt not being likely to reape the fruits of the said Judgment and execucon without hee could Discov.r what goods and Chattells of the said Vincents came to the hands of the said Adm.r and how hee had Disposed thereof The said Comp.lt therefore applyed himself to the Comissary gen.ll and procured the said Sam.ll to bee Cited to rend.r an Accompt of his adm.con of the Estate of the said Vincent w.th w.ch hee being served in obedience thereunto the said Samuell the Eight and twentieth day of June last past Did appeare before the said Comissary at his house att the Citty of S.t Maryes in pson and then & there Did exhibitt an accompt of his said adm.on to the said Comissary or Judge for probate of wills and granting of adm.ons to w.ch said accompt of the said Sam.ll the said Comp.lt did exhibit Excepcons before the said Judge or Comissary showing for the reasons thereof that the said Adm.r had paid seaverall Debts of the said Deceaseds that were Debts of a Lower nature then the said Comp.lts being Due by bond and seaverall that hee had charges in his said accompt were onely Due by bill and acco.t The said Judge the first day of July last past hearing the said accompt and excepcons thereunto was of opinion and soe gave Judgment that the Comp.lts said Excepcons ag.t the said acco.t ought not bee allowed because they were against reall Debts for a valluable consideracon and the said Comp.lts being onely a bond for pformance of Covenants and that the Comp.lt Ought to recover the said Land of the heire And the Three thousand pounds of tobacco of the purchase money in the Complayn.ts hands remaining Ought to bee Assetts for the satisfaccon of Creditors and for that the said Comp.lt is ready and willing to satisfie and pay the said Remaind.r of the said purchase money being three thousand pounds of tobacco, and the said Complaynt being remidilesse in the p.rmisses at and by the strict rules of the Comon Law, but is onely and properly releiveable in equity in this high and hono.ble Court where cases in the like nature are onely and property releiveable And therefore that the said Robert Atchinson and Robert Atchinson and Samuell Tovey may true answere make to all & singular the p.rmisses, and that the said land may bee Decreed to the (said |
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Volume 748, Page 165 View pdf image |
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