Volume 748, Page 349 View pdf image |
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349) The P.rmisses The w.ch being granted and the s.d Def.ts therewith served they appeared accordingly & putt in their severall answers to y.e s.d Bill And first the said Jn.o Sollars by his answer said that he bargained w.th the Comp.lt for the said Land but not to pchase his title only but an absolute Estate in Fee w.th a Gen.ll warranty as in the Deed That afterwards Richard Smith by accon of Ejectm.t recovered 170 acres of this Def.t & therewith the Def.ts houseing Orchard Fencing & Clear ground & had Judgm.t for the same in the Prov.ll Co.rt & not by Collusion but plaine matter of fact & much ag.t the Defts will That he purchased of Smith 95 acres of Land for 55.ℓ sterl w.ch together w.th his Costs of Suite the Def.t Did require satisfaccon of the Comp.lt as he was bound by his Coven.ts & Bond to deed That y.e Comp.lt Desired this Deft to forbeare psecuting him till he could see what Lowry would Doe & the Def.t Did forbeare him upon his Comission that what he recovered of Lowry should be applyed to y.e Def.ts satisfaccon That the Comp.lt sued Lowry and in a Legall tryall had Judgm.t from w.ch Lowry appealed to y.e Prov.ll Co.rt & had been informed that the true causes reversing that Judgm.t was through y.e in perfections of the Cop.lts Replicacon & not the matter of Fact in the Bill menconed True it is the Def.t und.rstanding Lowry was Dead & the Comp.lt was und.r some Difficultyes w.ch way to proceed & y.e Def.t Doubting of Longer Delay he sued the Comp.lt thereby intending to repaire himself of what Costs & damages he had by y.e p.rmisses sustained occasioned by the Comp.lts non pformance of Covenants w.ch he ought to recover in Law & Equity & More he pretended not to And he thought it strange the Comp.lt should expect that this Def.t should find out y.e true lines of the Land or where to seale or whether the survey was true or false w.ch y.e Comp.lt was bound to Mainteyne And the s.d Nich.o Fountaine by his Answer sayeth that same time in Decemb.r 1691 the s.d W.m Lowry in Consid.racon that y.e s.d Lowry & Hester his wife were strucken in yeares so as they could not mannage their plantacon & affaires & that the Def.t should pay the ten shillings p ann & pay w.t Debts the s.d Lowry at that time owed & take care to provide them & Child sufficient food & raym.t During their lives did by Deed sell & make over to this Def.t all his reall & psonall Estate w.ch did consist of 350 Acres of Land 18 head of Cattle Young & old 7 or 8 head of hoggs young & old one old horse & two mares & three serv.ts but two of the s.d serv.ts were almost Fee & a very small pcell of houshold stuffe That he had payd of the Debts of the s.d Lowry to the of 7 or 8000.ℓ of tob and that W.m Lowry lived & was maintained out of the Estate two years & three months after his said sale And that his wife & Child were then still alive & maintained out of the s.d Estate Hee further sayd hee was not in any wayes engaged for the pticular paym.t of y.e s.d Bond of 18000.ℓ of tob nor Did the Comp.lt apply himself to this Def.t after the Death of the s.d Lowry concerning the making of an agreem.t w.th y.e said Sollars on the behalf of the s.d Lowry and hee Deny Combinacon & both prayd to be Dismissed w.ch their Costs herein sustained To which answer of the s.d Def.ts the Comp.lt Replyed & y.e Matter being at issue Divers witnesses were examined in the s.d Cause & their Deposicons Duely published according to y.e Rules of this Co.rt As by the s.d Bill answer Replicacon Examinacon of Witnesses & other pceedings had in the s.d Cause relacon being thereunto had may more playnly & at large appear And the s.d cause soe standing at issue ready for a hearing the 15.th of Decemb.r 1696 was appointed for hearing thereof on w.ch Day upon hearing & Debating of the Matter in question between y.e s.d ptyes in y.e p.rsence the Councill & Attornyes on both sides & upon reading of the bills answ.rs & Deposicons Taken |
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Volume 748, Page 349 View pdf image |
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