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284 paying Pye and Lynes and maintayning the said John Ocane and the plt not maintayning the said Ocane according to the Condicon they had forfeited their interest in that moiety alsoe and soe they claimed all but Jericho which Giles Blizard claimed by his Deed to him and his heirs and they had threatned to eject the plts from the plantacon he had improved whereas the plts had well maintayned him whilst he stayed with them and would shall have maintayned him and had payd them three hundred pounds of Tobacco for his Cloaths and would pay what in right was due or fitt to be payd for diet and Cloaths and they used all meanes to deprive the Comp.lts of Canes purchase and Jerecho aforesaid and that it was well knowne both to John Ocane and Blizard that the plt Jane had an equitable right to the said 700 Acres after the death of Ocane and that the said Ocane had he had the real inheritance of the said 700 Acres he had devested himself thereof First of the ^one^ moiety by the Deed of Guift or Memorand.m before marriage betweene the plt and of the other moiety and of Jericho by the last Deeds being made upon a distinct Consideracon and all of them of sufficient value and real value and the estate thereby erected were distinct and dicers and that the said Ocane at the time of the makeing the Deed to Giles Blizard had noe right or legall title to make the same to Blizard nor ought the plts to be defeated thereof Therefore and for that the said writeings were not recorded and enrolled according to Law of this province they were remediles but in Equity where purchasers for a valueable Consideracon and comeing and claiming upon such real and unfeigned principles as the plts doe have been usually releived against such fraudulent practices as these were they being both privy to the plts right & title to the p.rmisses before the Deed made to Blizard and have therein found reliefe to supply the defect in not haveing pformed or persued the strict or formall Rules of the Comon Law in the Engrosing of their Conveyances though never soe Essentiall May not only soe but if there been but an inclination or bare promise to Convey soe as the consideracon appeard valluable and payd done or p.rformed it his become usual which the Justice of the said Courte by their Decree to enforce a pformance thereof and execucon of such Conveyance yett against an Infant therefore they prayed a discovery of the triall of the p.rmisses whether the writeing and Memorand.m was not made to the pl.ts upon the Consideracons aforesaid and if the said Ocane did not promise to confirm the same by good Deed then after to be executed And whether the said John Ocane did not promise to pay Braynes Debts and whether he did not alsoe promise to take out the pattent for Canes purchase in the name of Brayne and Jane his wife and why he did it not and whether he did not agree to Convey the one Thousand Acres called Blueplaines to Braynes and his wife and if upon that consideracon Braynes did not pass his bill for the 20000.ℓ of Tobacco to be payd to the said Susanna and kept her at schoole and for how long time And if the said Brayne did not send in and consigne to the said Ocane and Braynes wife severall Negroes and Goods and to what value the Goods amounted to & whether the said Brayne did not order the said Ocane to pay his just debts by him owing here and if he payd the same or any part of them |
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Chancery Court, Chancery Record, 1671-1712
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