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288 the Defts pleade the Act of Assembly for Inrolement of Conveyances because the Deeds and Memorand.m were not recorded & acknowledged in such manner as that Law prescribes and they say the Complts claime right to that moiety of Canes purchase and Beuplanes conveyed to the said Susanna by John Ocane by vertue of the said Memd.m with Seale or without Seale is not knowne and it was neither acknowledged nor recorded according to law and soe void and Equitas sequitur Legem or at least cannot goe against it Therefore they say the said pretended title by the said Memd.m is vaine frivolous and idle and against all Law right and Equity Then to the other moiety of Canes purchase & Jericho the plt Edward and Jane his wife in right of the said Jane claime by vertue of the Deeds of Ocane which the Defts doe noe wayes deny them nor doe they knowe that ever the said Giles Blizard did or ever intended to doe though the plts very ingeniously confess that they did not prove them to be recorded in due time as the Law directs and therefore would gladly have this Courte by a Decree to supply that defect which the Defts conceive vaine and idle in the plts For that since the said John Ocane dyed Intestate if the Compl.ts had noe title to any pte of Canes purchase before the Law casts a title upon the said Jane for and to one moiety to all his Lands and psonall Estate he haveing noe other Children but the said Jane and Susanna both Daughters and the Defts are advised are that the said Jane is in her Remitter being now the eldest and best title to the moiety of Ocanes Land Neither were the said Deeds as the Defts have just cause to believe and the same doth not manifest any more or to any other intent then the consummateing or pfecting that promise that the said Ocane had made of giveing his said Daughter one moiety of his Lands Nay more the said Ocane was to give the said Jane but a moiety of his Lands and it appears of the plts own shewing that he hath given them the whole tract called Jericho more then ever was promised as they can prove but this they did never goe about to disturb them in nor ever heard that the said Giles Blizard in his life time did but only claymed that which the said Ocane really and bona fide conveyed to the said Susanna and was acknowledged and recorded and alienacon thereof payd as the Law directs and what the said Giles purchased of the said plts for a valueable consideracon And they further say the said Susanna daughter of the said Susanna the mother if she had noe other title then what the Law rest upon her as Grandaughter to the said John Ocane he dying Intestate that ^shee^ hath a just and legall title both in Law and equity to what she claimes and conceives she may be in her remitter alsoe to the same And the Defts did further say that the Comp.lts pray to be releived against their own Deed of Beuplanes pretending the same was illegally and surreptitiously obteyned of them they not knowing what they signed in Conveying the same but doe not sett forth that other the plts were then infants non compos mentis or that it was done through threats or dures of imprisonment one of which causes might be to make the Deed void in Law or Equity Therefore the said Complaint vaine |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 288 View pdf image |
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