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Chancery Court, Chancery Record, 1671-1712
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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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 165   View pdf image
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