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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 215   View pdf image
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(215)

       those very Debts the Comp.lt had Mortgaged to him the said deft the whole
       personall Estate  And further that the said deft had Included the very same
       Debts into the Twenty five thousand eighty eight pounds of Tobacco the
       p.rtended Consideracon of the Mortgage of y.e said reall estate & Although
       the said six hundred Acres of Land was Conveyed to the said deft soe as
       aforesaid for the Consid.racon of the said Sume of Eighteene thousand
       pounds of Tobacco Meerely to discharge the Mortgage of the
       Remaineing Reall estate and Likewise of all the psonall Estate then
       in the Comp.lts posession and that the Comp.lt should bee Freed & discharged
       from all Dues and Demands then Claimed by the said deft and that
       the Comp.lts bills bonds and specialtyes for Tobacco soe got by the s.d
       Deft into his hands as aforesaid should bee Delivered Upp Yet
       Because the Comp.lt never Tooke any Declaracon from the s.d deft
       in Writeing to shew the said Trusts and Consid.racons to bee as aforesd
       Nor any Receipts for Tobacco payd  The said Deft did then p.rtend y.t
       the bills bonds and specialtyes of the said Comp.lts then in the defts
       hands Undefaced and Uncancelled were Just and Due debts and that
       hee would Compell the Comp.lt to pay the same  And that the Tenn
       thousand nine hundred ninety and eight pounds of Tobacco the
       Consid.racon of the Mortgage of y.e psonall estate was still a Just &
       due debt and for Nonpayment thereof the whole psonall estate of
       the Vallue of foure score Thousand pounds of Tobacco was forfeited to
       him the said deft and had Taken out Replevins to posesse himself off
       the same and p.rtended that the said bills bonds and specialtyes for the
       Tobacco by him payd were not the proper Consideracon of the said
       Mortgage and the said deft did further p.rtend That the Twenty
       five thousand eighty and eight pounds of Tobacco the Consid.racon of y.e
       Reall estate was a Just due and Distinct debt by it self and that
       the Tenn thousand nine hundred Ninety and eight pounds of
       Tobacco the Consideracon of the Mortgage of the psonall estate
       was not included in or any part of the Mortgage of the said
       Reall estate and Likewise that the Eighteene thousand pounds
       of Tobacco the Consideracon for the six hundred Acres of Land
       was likewise a distinct Just and Due debt & was not to bee payd and
       Allowed in Discharge of soe much upon the Mortgage of the Whole
       Reall estate  And notw.thstanding that the Comp.lt was alwayes
       Ready and Willing To Come to a Just Account w.th the deft
                                                                                        (&


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 215   View pdf image
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