Volume 748, Page 350 View pdf image |
350) Taken in this Cause & seriously Waighing the allegations & w.t could be alleadged in either side It being urged on the behalfe of the Def.t Sollars that the Land Taken away by the s.d Richard Smith by y.e Ejectm.t and survey afd & y.e Improvem.ts thereon made was at y.e begining of the s.d Sollars Land & that the warranty & bond afd was answerable for y.e Damages by him thereby sustained & Doth therefore think fit & soe order adjudge & Decree that the s.d Jn.o Sollars one of the Def.ts be paid & satisfyed by the Comp.lt all such Costs & Damages w.tsoever as the s.d Jn.o Sollars hath sustained by the s.d accon of Ejectm.t & recovery of the land afd & hath paid to the s.d Rich.d Smith for y.e same soe farr as the s.d Bond of 22800.ℓ tob will reach to satisfy together w.th his Costs in this Suite laid out & expended the said Damages & costs to be by this Co.rt taked & assessed at y.e next Court And it is likewise further ord.rd Adjudged & Decreed That what Damages & Costs this Court shall think reasonable for y.e Comp.lt to pay to y.e said John Sollars for the suites at y.e Comon Law psecuted by the s.d Rich.d Smith ag.t y.e s.d Sollars & by Sollars ag.t Taman y.e Comp.lt the s.d Nich.o Fountaine is to repay & refund to y.e s.d Comp.lt soe farr as y.e Bond of 18000.ℓ of tob will reach to satisfy But the Costs of this suite by the Comp.lt any wayes paid laid out & expended by the Comp.lt or hee is to pay to Sollars Hee the s.d Nich.o Fountaine is to pay to y.e Comp.lt At w.ch next Co.rt of Chancery being the 24.th Day of Feb.ry 1696 afd the s.d Jn.o Sollars Exhibitted to this Co.rt a pticular of his Damages & Costs afd w.ch y.e Co.rt doe hereby assess & Tax at 8454.ℓ of tob & 50.ℓ sterl as by a Copy thereof hereunto annexed may appear w.ch y.e s.d Jn.o Taman is to pay to y.e s.d Jn.o Sollers accordingly And the s.d Jn.o Taman also produceing his bill of Costs & the Costs & Damages by this Co.rt ord.rd to be paid to Jn.o Sollars by the s.d Comp.lt This Co.rt Doth assess & tax y.e same at 23816.ℓ of tob as by the pticulars thereof hereunto also annexed may appear w.ch y.e s.d Nicholas Fountaine is also Further Ordered that the s.d Nicholas Fountaine Doe forthwith pay the same to the said Comp.lt John Taman accordingly Hen Jowles Chan John Freeman Regist.r Jn.o Taman plt Damages & Costs allowed to y.e p.lt in the High Co.rt of Chancery Nich.o Fountaine Deft in a Cause there Depending Between the s.d parties & one Jn.o Sollars another Def.t by vertue of a Decree of the said Co.rt & Taxed this 24.th Day of Feb.ry 1696 viz.t To Costs at law allowed the s.d Sollars on an Ejectm.t brought by Rich.d Smith ag.t him ab.t the Land 5841 in question & w.ch the p.lt is ord.rd to pay him as p pticulars Carried over 5841 |
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Volume 748, Page 350 View pdf image |
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