Volume 748, Page 179 View pdf image |
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(179) the will was Damned and upon Dorsey his owne Exceptions hath allowed thirty Eight thousand Eight hundred and Eighty pounds of tobacco denye the Arbitrators have allowed by theire Award onely the sumes in the schedule in the Defts answere annexed, that these Comp.lts and def.ts Entred into bonds of three hundred thousand pounds of tobacco to stand to the Award of Collon.ll Taylor and Collon.ll Burges to decide the differences concerning the Estate of Nicholas Wyatt and noe otherwise, they say they were not admitted to exhibit any account before the Arbitrators or that the Comp.lts Just account Exhibited before the Chancellour is by the Award sett aside denye they delivered the sarvant named Fletcher in Leiu of the sarvant named Mallett That the Defts p.rtended to bee discharged from the said bond of Arbitracon upon the Chancello.rs Award of One hundred thousand pounds of tobacco by payment of the said sume of teen thousand seaven hundred forty six pounds of tobacco to the Comp.lt Damoras in Aprill and october 1676, that then the Defts needed not have put the same to Arbitracon in June 1676, denye they have received any part of the said sume and averre it is Lawfull to Commence suite for the same, and the same was never dispute nor submitted to or being a thing certaine is by Lawe Arbitrable denye any Receipt from the Comp.lt Damoras can by Lawe discharge the same Averr the Defts came to Live at the Complts house w.thout theire privity or Lycence, that the Defts seized upon the Compl.ts prop psonall estate and maintained himselfe and family with the same, that the Defts have Cut downe the timber from of the Plantacon Awarded burned up the fences destroyed the feilds of Corne and Wheate there growing Averr the Def.t w.th two Children and foure sarvants were maintained out of the Comp.lts provission from June 1677 tree January following denyes that hee the Complt Thomas detained any thing belonging to the Estate of Wyatt, denye the writeing of the Comp.lt Damoras made to Coll Burges before the Intermarraige Can by Lawe or Equity impower the Def.t Burges to sell the plantacon Awarded or moyety of the personall estate to the deft Dorsey or that the Compl.t Damoras hath Power to give away the same w.thout the lycence of this Complt Thomas That the Cropp of tobacco upon the plantacon called the Quarter being forty hds of tobacco and forty barrells of Corne growing in June 1677 at the time of the delivery by award belongs to this Complt Thomas hee haveing built and fitted the houses found the sarvants Cloathes and provisions for that yeare, denye the Comp.lts ever approved of the (first |
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Volume 748, Page 179 View pdf image |
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