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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 347   View pdf image
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347)

       And that Done the s.d Smith sold the s.d Sollers the s.d 174 acres for
       about 50ℓ sterl & the Costs of suite 2400.ℓ tob y.e Juryes Charge excepted
       w.ch the Jury Consid.ring that Lowry being a poor man must at
       Last make good the Jury remitted the same as y.e s.d Sollers
       acquainted the Comp.lt w.th all saying that if the p.lt Did not take
       care to have by his remedy ag.t Lowry on his bond he must & would
       sue the Comp.lts Bond to reimburse him the Damages he had
       sustained by the Ejectm.t of Smiths as afd  that the Comp.lt
       acquainted the said Lowry w.th wha.t the s.d Sollers had sayd & that if the
       said Lowry did not satisfy the s.d Sollers his Damage afd he would be
       in Danger to forfeit his bond  That Lowry pmised to Indemnify
       the Comp.lt w.th all saying that if by Law he was obliged to make
       good the Damages Sollers had sustained by Smiths taking away
       the 174 acres afd he would sell his Estate to pay the same
       And to that purpose Lowry went to M.r Thomas Tasker M.rch.t
       & offered him to sell him all his estate & to secure in his hands
       so much Money or tobacco as would satisfy Sollers Demands if it
       should be adjudged reasonable that the said Lowry by his obligatory
       afd should satisfy & pay the same  But Tasker not being disposed
       to buy the same of Lowry nothing was then Done  Whereupon the
       said Lowry being antient the Comp.lt was advised to put the said
       Bond of 18000.ℓ tob in suite ag.t y.e s.d Lowry  And accordingly he the s.d Comp.lt
       sued y.e s.d Lowry on y.e s.d Bond in Calvert County Co.rt in Aug.t 1690 To w.ch
       the said Lowry appeared and being ordered to give speciall Bayle to
       Def.t Fountaine because his Bayle or Counter Security to them that
       was the Bayle  And the s.d Lowry as well to Indemnifye the s.d Fountaine
       the Comp.lt had heard as also in Consid.racon that the s.d Fountaine should
       maintaine the s.d W.m Lowry & his wife (being both antient) Dureing
       their lives and pay them 10.s p ann & pay such debts as the s.d Lowry
       did then owe & should pay the s.d Debt of 18000.ℓ of tob to y.e Comp.lt in case
       Judgm.t should goe ag.t him upon the s.d Bond or that the s.d Lowrey should
       be adjudged to pay it  Hee y.e s.d Lowry did by some Deed of grift or other Deed
       or writing under his hand & seal give & grant to the s.d Nich.o Fountaine  his
       heirs & assigns forever all his the s.d W.m Lowryes Lands Goods & Chattles
       stock & psonall estate  As by the same Deed if produced might appear
       By vertue whereof y.e s.d Fountaine possessed himself of all y.e s.d Lowryes
       estate both Reall & psonall & afterwards the Comp.lt got Judgm.t on y.e said
       Bond for y.e 18000.ℓ tob afd w.th Costs of Suite whereupon y.e s.d W.m Lowry appeared
       to y.e prov.ll Co.rt & through the Error of y.e plt.s Attorney in not assigning
       his Replacaon the breach of y.e Condicon of y.e s.d Bond the Judgm.t of y.e s.d Comp.lt
       Co.rt was Reversed & y.e Comp.lt was forced to bring a New Accon ag.t the
       s.d Lowry on the s.d Bond in the prov.ll Co.rt & tooke out a Capias ag.t him but
       before he was arrested thereupon that is to say in Feb.ry 1692 y.e s.d W.m Lowry
       Dyed after whose death the s.d Def.t Fountaine by vertue of his Deed of Sale
       & writeing afd claymed & held the possession of all y.e reall & psonall Estate of y.e
       Comp.lts Bond of 18000.ℓ of tobacco to make good y.e title of the s.d Land & to save
       Comp.lt harmless in case y.e s.d Sollars should at any time recover ag.t y.e s.d Comp.lt
       so far as the s.d 18000.ℓ of tob Bond would reach unto as the s.d W.m Lowry in his
       time had often promised & cheifly to that intent & to pay other small Debts he
       owed & for his & his wifes Maintainance for life was y.e Consideracon for giving
       and granting all his Estate to y.e s.d Fountaine & his heirs whereby the said
                                                                                                             Fountaine


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 347   View pdf image
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