Volume 748, Page 298 View pdf image |
298 1695 & he hath ever since enjoyed y.e same & improved (298 thereon to y.e value of 30000.ℓ tob & hath paid 2000.ℓ tob in p.t of y.e s.d 5000.ℓ & hath tendred y.e vest in Bohemia River to y.e s.d Dare but y.e s.d Dare refused y.e same & denied to make assurance of y.e s.d land to y.e s.d Kersey & threatened to eject y.e s.d Kersey out of y.e premisses & to ruine & undo him And Whereas y.e s.d Dare in his answer to y.e said bill exhibited ag.st him by Kersey hath confessed y.t there was such an agreement for 5000.ℓ tob for y.e s.d land (being 200 acres at y.e head of Elk River called y.e Grange) but saith he never received any part of y.e s.d tob save only y.t about y.e end of y.e 3.d year he had some work done for him by y.e s.d Kersey to y.e value of 1000.ℓ tob w.ch he is ready to allow And Whereas y.e s.d Dare saith farther y.t y.e said Kersey was by agreem.t (in case of failure of paym.t of y.e 5000.ℓ tob afd) to pay a reasonable yearly Rent during his continuance on y.e s.d land & has been possessed thereof 7 years & paid no rent at all nor so much of y.e Quit Rent for the same & hath built no more thereon than one 40 foot dwelling house & one 15 foot kitchin & hath wasted y.e tymber on y.e s.d land We do therefore hereby authorize appoint & constitute you y.e s.d Maj.r John Thompson & Edw.d Jones to call before you at some convenient time & place in Cæcil County as to you shall seem meet such evidence or evidences as either y.e s.d plt or deft (who shall have notice hereof from you) shall nominate & propound & to examine them upon oath (to be by you administred) upon such Interrogatories as shall be given you by y.e s.d plt or deft & after examination & cross examination of y.e s.d Witnesses to send their depositions (together with this Comission) to our Court of Chancery to be held at Annapolis y.e 19.th day of August next there to be entred on Record In perpetuam Rei Memoriam All this you are to do with all convenient speed Witness ourselves at our port of Annapolis in Anne Arundell County y.e 25.º day of May in y.e seventh year of our Reign Annoq Domini 1695 P C W D John Freeman Reg.r in Chanc.ry The abovesaid Comission & y.e severall depositions were accordingly returned to y.e Regist.r July 22.d as followeth By virtue of a Comiss.n from y.e Court of Chancery dated y.e 5.th of May last directed to us we did call before us Tho.s Kersey & M.r W.m Dare with their evidences y.e depositions of w.ch we have taken & doe here included send |
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Volume 748, Page 298 View pdf image |
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