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361) Decree for Henry Hardey ads Beal & Brightwell At a Court of Chancery held at Annapolis y.e 25 day of May 1697 before y.e Hon.ble Coll Hen Jowles Chancell.r & Kenelm Chiseldyne & Edw.d Dorsey Esq.rs Justices between Ninian Beal & Rich.d Brightwell Compl.ts & Hen.r Hardey Deft This Cause coming this day to be argued upon y.e Complts bill & y.e Defts plea & Dem.r put in thereto y.e Complts by their bill setting forth y.t y.e s.d Richard Brightwell in May 1692 being possesst of an Indian Manservant called Toby having Eight years to serve y.e s.d Richard y.e same servant agreed to sell to y.e s.d Beal for a valuable Consideration but before y.e Agreement was perfected y.e s.d Indian ran away & as y.e plts were informed came to y.e Defts house & there was for some time kept & harboured by y.e Deft & by him or his procurement carried out of this province into Virginia Whereupon y.e plt Brightwell being as then y.e known Master of y.e s.d servant & obliged by y.e s.d Agreement to deliver y.e s.d servant to y.e s.d Beal brought his action at Law against y.e Deft for sd harbouring & conveying away y.e s.d Indian servant Wherein he declared for 20000.ℓ of tob damages in wch Issue being ioyned in a Jury who went out & whether through Ignorance partiallity or otherwise found for y.e Deft To wch verdict y.e s.d Brightwell appeared & Judgment was given against him whereby notwithstanding y.e palpable proofs y.t were then offered & y.e Confirmation of y.e same since y.e s.d Indian Man has been taken up y.e Complts were left remediless ag.t y.e Deft & was threatened to be taken in execution for y.e Costs & therefore they prayed y.e favourable Aid & Assistance of this Hon.ble Court & y.t process of subpena might thereout issue ag.t y.e s.d Deft to appear in this Court & answer y.e premisses The wch being granted & y.e s.d Deft therewith served he appeared accordingly & put in his plea & Dem.r to y.e s.d bill & to so much of y.e s.d bill as sought to be relieved against a verdict & Judgment obtained by y.e deft ag.t y.e s.d Brightwell upon an Action by him brought at law ag.t y.e Deft for y.e supposed harbouring & conveying away y.e s.d servant he saith y.t by a statute made in a parliament holden at Westminster y.e 4.th of Hen.r 4° it was ordained & enacted y.t after Judgm.t given to y.e Courts of our sov.r Lord y.e King as well in plea or as in plea personall y.e parties & their heirs should be thereof |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 361 View pdf image |
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