Volume 748, Page 262 View pdf image |
262 Doome Judgment Award or other finall Determination should be made by the said Refferrees was thereby ordered and Decreed to Stand Rattified and Confirmed by the said partyes to all intents and purposes according to the true meaning thereof without further Motion or appeale from the same or Repeale thereof In pursueance of wch order and Comission thereupon issued the said Refferrees did Report to this Court that they met at the time & place appointed Where in the p.rsence of the said Comp.lt & Deft and their Attorneys and haveing a Coppy of the Comp.lts bill they tooke the Defts answere upon Oath to the same and upon Reading the said Bill and Answere & an accompt to the said Answere annexed Every Article whereof was particularly read to the said Comp.lt and his Attorneys & hearing what they could object against the same & upon Due Examination of witnesses produced before Them aswell on the part of the Comp.lt as of the said deft And haveing Seriously considered the matters to them Referred & the Defend.ts Demands of Tenn thousand pounds of Tobacco by him Alleadged to be Layd out and expended in Clearing building and Fenceing upon the Plantacon Called Clayhamound and of his Damages Sustained for want of his Tobacco Expended lent Layd out and Disbursed for the Comp.lt and of the Charges of the said refference & the Costs of this Suite aswell as of the Proffits received by the said Deft of the Land aforesaid And hearing what could be alleadged on either five The said Refferrees were Satisfyed that the account exhibited by the said Deft Amounting to Thirty thousand six hundred and Seaven pounds of tobacco was a faire Just and honest account save onely that they thought fit to abate and Deduct out of the Same Eleaven hundred and twenty six pounds of Tobacco soe that upon a just and true account the said Comp.lt stood truely indebted to the Deft for his Principall debt without Damages or costs Twenty nine thousand foure hundred Eighty and one pounds of Tobacco For Security whereof (the p.rmisses being foure parcells of Land mentioned in the Deed of Mortgage & resurveyed into one Intire tract of land and called by the name of Tillington Lyeing in Calvert County aforesaid then resurveyed for Eleaven hundred & Seaventeene Acres stood Mortgaged and Ingaged by a Lease for Nine hundred Ninety & nine yeares at a pepper Corne rent And they did therefore order adjudge Award & finally Determine That the Deft his heires and Assignes should for ever hereafter hold Occupye posesse and Enjoy the seaverall tracts of Land Called Clayhamond Containing three hundred and Fifty Acres & Overton Containing Two hundred and Fifty Acres in all six hundred Acres part of the said Eleaven hundred and seaventeene Acres with their and every of theire Appurtenances by themselves Distinctly Morgaged after the first Morgage & Lease of the whole foure parcells of Land Called Tillington against the sd Comp.lt and his heires freed of all Equity of Redemption being in full discharge (of |
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Volume 748, Page 262 View pdf image |
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