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343) same could be raised and they doe pray that the Comp.lt may accept y.e same from the Defts by such equall portions & in such reasonable time as this Co.rt shall Judge the Estate may be capable to raise the same and so w.th the Gen.ll traverse they Concluded their answ.r as by the s.d Bill & Answer may more at Large appear Now this Cause comeing this present Day being the sixteenth Day of December in the Year of our Lord 1696 to be heard upon bill and answer by & w.th the Consent of the s.d Comp.lt & Defts their Councill and Attorneyes here present in Co.rt the said Defts answer being in all points admitted as true save only that in y.e list of Debts in the schedule to the answer & to this p.rsent Decree annexed there is a mistake of 400.ℓ of tobacco by y.e Defts mistake the same being in stead of 12556.ℓ of tobacco but 12156.ℓ of tob so that the ballance in y.e s.d answer menconed Due to be paid by the Defts to the Comp.lt is 30144.ℓ of tob and y.e Comp.lts Councill offering herein Co.rt to accept of 6000.ℓ of good & M.rch.table tobacco to be paid this present year 1696 Cropp & shipping tyme together w.th the Costs of this suite & to give the Defts two years day of paym.t for the residue of the said 30144.ℓ of tob the Deft giveing good security to pay the same as also to accept of y.e Debts in the said list of Debts of 12156.ℓ if it Doth not otherwise appear the same or any p.t thereof have been recd by the s.d John Bearcroft in his life time or by the Defts since his Death or by or any of their ord.rs as also that y.e s.d Defts be assistant to y.e Comp.lts Attorny in pduceing the s.d Bearcrofts book of Sales or other bookes of Account whereby to Charge the s.d Def.ts for recovery of y.e Debts in y.e s.d List menconed Which y.e s.d Defts Councill in Co.rt agreeing unto It is therefore by this Co.rt Ordered Adjudged & Decreed by & with y.e Consent afd that the s.d Defts Doe forthwith pay unto the s.d Comp.lt or his Attorney for his use the sum of 6000.ℓ of good sound & M.rch.table tob in Caske convenient in sn.t Maries County in p.t of the s.d Ballance of 30144.ℓ of tob afd together also w.th the Costs of this suite w.ch amounteth to the sum of 3178.ℓ of tobacco in all y.e sum of 9178.ℓ of tob And for y.e residue of y.e said sum of 30144.ℓ being 24144.ℓ of tob it is hereby ord.rd that the said Defts Doe give unto the Comp.lts s.d Attorny good and sufficient security to pay the same in two Years time by even & equall portions that is to say 12072.ℓ of tob p.t thereof at or upon the Tenth day of November Next & 12072.ℓ of tobacco residue thereof at or upon the tenth Day of November w.ch should be in the year of our Lord 1698 both paym.ts to be made in Sn.t Maryes County afd the s.d securities to be recorded in this hono.ble Co.rt But in Default of y.e s.d Defts giveing such Security as afd the s.d Comp.lt is at liberty to proceed ag.t y.e s.d Defts for the whole 30144.ℓ of tobacco w.ch in that Case is hereby Decreed to be forthwith |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 343 View pdf image |
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