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(168) And paid seaverall Other Debts and was willing to have paid all the debts of the said Vincents soe farr as the said estate would amount to satisfie and hereof rendred a just accompt to the said Judge Whereupon the said Comp.lt wanting a Conveyance of the premisses, and it may bee imagineing to Reeimburse himselfe what hee had paid the said Vincent in his life time in part of the said purchase Did take out a Writt of Capias ag.t this Defend.t Sam.ll as adm.r of the said Vincent upon the said bond of twenty thousand pounds of tobacco condiconed as aforesaid intending to lay the whole penalty on the said bond upon the personall estate of the said Vincent and soe have Debarred this Defend.t and all other the Credit.rs as much as in him lay from haveing or receiveing any manner of satisfaccon for theire Just and due debts and obtained Judgment thereupon by Default for twenty thousand pounds of tobacco besides costs of suite, and it may bee true the said Complaynant Did sue out a Writt of fieri facias thereupon to the sheriffe of Kent County Directed to leavye the said debt and costs upon the personall estate of the said Vincent in this Defend.ts hands, and that the sheriffe might make such returne as in the bill And afterwards to witt upon The eight and twentieth day of June now last past the said Comp.lt did Alsoe Cite this Defendant before the said Judge to render an Accompt of his adm.con where this Defend.t appeared accordingly at the house of the said Comissary at St Maryes and Did then and there Exhibitt a just and true accompt of his adm.con To w.ch this Defend.ts said Accompt the said Complaynant put in excepcons To the substance and effect in the said bill menconed and the said Judge hearing the said Excepcons and the said accompt and the allegacons of the procurators of both sides was of opinion and gave Judgment that the Complayn.ts said exceptions ought not to bee allowed because they were against reall debts for a valluable consideracon and the Complayn.ts supposed debt was onely a bond for pformance of Covenants, or to that effect as by the said Judges ord.r may more fully appeare and soe left the Complaynant to his Remedy elsewhere to recover the posession of the land from the heire at Lawe, being the Defend.t Robert, and Did as this Deft beleives Declare that the purchase money remaining in the Comp.lts hands Ought to bee assetts for the payment of Creditors but whether there rests onely three thousand pounds of tobacco Or how much These Defend.ts know not And these Defendants Doe humbly submitt themselves to the Decree and Judgment of this hono.ble Court Whether the said John Baker shall or may have the said lands Decreed to him and his heires forever according to the contract and agreement aforesaid against this Defend.t Robert and his heires for ever, And if this Court shall soe adjudge These Defendants hope that the said Comp.lt shall bee at the whole and sole charge in pcureing the said Decree and estate to him and his heires for ever as all purchasors are usually att and that these Defend.ts should not beare the charges and costs of this suite they haveing never done (Ac |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 168 View pdf image |
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