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Chancery Court, Chancery Record, 1671-1712
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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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 349   View pdf image
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