Volume 748, Page 316 View pdf image |
316) P C Rob.t Mason Bill ag.st Joseph Spernon Decreed y.t y.e Compl.t shall quietly enjoy y.e Land in debate (with Cost of suit allowed him) The Decree Whereas heretofore y.t is to say y.e thirteenth day of Septemb.r 1686 Robert Mason of S.t Maries County Gentl did exhibit his Bill of Complaint in this Hon.ble Court of Chancery against Joseph Spernon setting forth y.t whereas One Thomas Hinton of Cæcil County bargained & sold a tract of Land in S.t Maries County Anno 1681 for y.e sum of thirty thousand pounds of Tobacco to be paid at three severall payments for which y.e s.d Robert passed three severall bonds each for twenty thousand pounds tobacco with Condition for payment of Ten thousand pounds of tobacco at y.e time in y.e s.d severall bonds mentioned (at which time y.e s.d Thomas obliged himself by bond of 60000.ℓ pounds of tob to make y.e s.d Robert a good & firm title of y.e s.d land) And whereas y.e s.d Robert did accordingly pay to y.e s.d Thomas in his life time two of y.e s.d bonds & allmost all y.e third of y.e s.d bonds save two or three thousand pds of tob & had paid y.e whole had not y.e s.d Thomas died And Whereas after y.e death of y.e s.d Thomas one Joseph Spernon intermarried with y.e Widow & Relict of y.e s.d Thomas & Adm.rx of y.e Estate of y.e s.d Thomas & finding y.e said bond uncancelled thô they know y.e s.d bond was allmost all paid as afd & y.e s.d Remainder was attached by severall Attachments in y.e hands of y.e s.d Robert for severall debts due to severall persons from y.e s.d Thomas decd & were informd thereof by ^the^ said Robert & thô they also know y.t y.e s.d Robert was served in an Action of Ejectment for y.e s.d Land bought as afd & depending in y.e provinciall Court by which means y.e afd bond of 60000.ℓ tob became forfeited to y.e s.d Robert so y.t y.e s.d Robert obtained thereon in S.t Maries County Court an Attachm.t ag.st y.e Estate of y.e s.d Thomas in y.e hands of y.e s.d Joseph & his Wife Adm.rx as afd who would not appear to defend y.e s.d suit comenced by y.e s.d Robert ag.st them on Acc.t of y.e s.d bond And thô they also knew y.t they were no way damnified by y.e delay of y.e paym.t of y.e Remainder of y.e last bond given by y.e s.d Robert to y.e s.d Thomas as afd & y.t y.e s.d Robert was all most ruined by defending his title to y.e s.d Land sold to him y.e s.d Robert by y.e s.d Thomas for which y.e s.d Thomas gave his bond for 60000.ℓ tob to make him y.e s.d Robert a good & firm title as aforesaid Nevertheless they y.e said Joseph & his Wife Adm.rx as afd covetously desiring to get y.e forfeiture of y.e said last of y.e three bonds passed by y.e said Robert to y.e said Thomas in his lifetime as aforesaid & pretending to have paid beyond assets have since y.t time commenced their suit in the provinciall Court endeavouring to get the said |
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Volume 748, Page 316 View pdf image |
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