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348 Fountaine had got a good Plantacon of about 340 Acres of Land w.th good houseing & an Orchard on it worth above 30000.ℓ of tob & ab.t 18 head of Cattle three servants & Cropps one year five or six horses & Mares & a good Stock of hoggs & househould goods in all to the vallue of 30000.ℓ tobacco More and y.e Comp.lt was informed that (besides the said Bond past to the Comp.lt) the s.d Lowry Did not owe to any pson whatsoever above 3 or 4000.ℓ of tobacco That the s.d Lowry being Dead the s.d Sollars Did Demand of the Comp.lt to make him satifaccon for his Damages sustained for y.e loss of the s.d 174 acres And for w.t he had paid for the purchase of the same as afd & thereupon y.e Comp.lt Did apply himself to the s.d Fountaine & acquainted him w.th the said Sollars Demands & Desired him to goe to y.e s.d Sollars & to make some End or agreem.t w.th him about the same & to get the Comp.lt Discharged from the same but the said Fountaine answered that the s.d Will.m Lowry was by the Judgm.t of the Prov.ll Co.rt afd Discharged from his Bond And that the s.d Sollars could not injure the Comp.lt for that by the same rule the s.d Lowry was dischared so also was y.e Comp.lt and sometimes he pretended that he was noe way concerned in the Differences between he ptended the s.d Sollars & the Comp.lt ab.t y.e s.d Land but that he had purchased the s.d Estate of Lowry for a valluable Consideracon by him paid & that therefore he would not Concerne himself w.th y.e Comp.lt or the s.d Sollars w.ch when the said Sollars und.rstood he forthwith sued the Comp.lt in the Prov.ll Co.rt upon the bond of 22800.ℓ of tob past by the Comp.lt for pformance of the Condicons in the s.d Indenture past by y.e Comp.lt to the s.d Sollars & threatned to recover the penalty if the Comp.lt would not pay him his Damages afd w.ch if he should Doe y.e same ought to be satisfyed out of the Estate of y.e s.d Lowry in y.e hands of the s.d Fountaine who had y.e Estate given him for that purpose Yet by Combinacon betweene them they endeavour to lay the whole burthen on the Comp.lt contrary to Equity & to y.e Comp.lts utter undoeing Therefore & Foreasmuch as the said Sollars has above the quantity of Land sold him and it could not be intended in Equity that he should warr.t y.e legallity or illegality of the Surveyors accons & the s.d Sollars knew of & was satisfyed w.th y.e Comp.lts Title & that he only Did warr.t ag.t titles & Incumbrances done by him or Lowry since the first grant & ought not to be Troubled upon his said Bond But if this Co.rt adjudge that the s.d Sollars should be answered for his Damages sustained as afd that the said Nich.o Fountaine might be ord.rd & Decreed to satisfy & make good y.e same out of the Estate of the s.d W.m Lowry soe farre as might come to the s.d sum of 18000.ℓ of tobacco & y.t y.e s.d Fountaine whether by the said Deed of guift he was not to pay the Debts of Lowry & pticularly the s.d Debt to y.e Comp.lt in the bond of 18000.ℓ of tobacco if the same were by Law or Equity adjudged lyable to make good y.e Warranty afd & y.t the s.d Fountaine might set forth the reall vallue of the reall & psonall Estate at Law ag.t y.e p.lt might be stayed & y.e Comp.lt releived herein according to Equity he humbly craved y.e ayd & assistance of this hono.ble Co.rt & y.t pcess of Sp.a might thereout issue ag.t y.e s.d Defts to appear & answer The |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 348 View pdf image |
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