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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 39   View pdf image
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                                                1672                                                                  39

       The Neate Produce of the plts part of the said wynes  And with A Generall Traverse
       he Concludes his Answer, And whereas Hertofore ^that is to say^ in the said February Court
       in the said yeare One Thowsand six hundred sixtie nyne  The said James Neale
       did Exhibit his Crosse Bill into this Court against the said John Balley
       Thereby setting forth to the same effect as in the said Answer is above recited
       and to have a Discov.ry of the said Noates and pages by him in the said Answer
       and in this Bill pretended to be Carelessly left in his Chamber and by
       Accident lost of Come to the Defend.ts hands  And to have the Defend.t Balley
       Answer  He also prayed the Ayd of this Court & Processe against the said Defend.t
       To appeare and Answer the said Bill which being so Granted the said Defend.t
       Appeared and Answered Accordingly  And by his Answer Denyed the whole Equity
       of the said Bill  To which said sev.rall Answers of the said sev.rall Defend.ts
       the said sev.rall Complts Replied  And the said John Balley by his Replication
       did set forth as in his answer to the said Neales Bill he hath Already declared
       And so the matter being at Full and perfect Issue Diverse witnesses were
       Examined in the said Causes and the Depositions duly published according to the
       Laudable Rules of this Court as by the said sev.rall Bills Answers Replications
       Examinacons of wittnesses and other Proceedings thereupon had  All of them
       Remayning of Record in this Hon.ble Court  Relation being thereunto had
       more Fully and more at Large the same doth and may Appeare  And the said
       sev.rall Causes standing at Issues Ready for a Heareing  The Tenth day of
       December last was appointed for the heareing and Determyneing thereof
       On which day the partyes Complts and Defend.ts in both these suites being ready
       for a Tryall in both Causes  And because both suites did Relate to one and the
       same Concerne This Court ordered both Causes to Come to a Tryall at one tyme
       And the Complt Balleyes Bill being Read and Neales Answer to the same
       and all proofes and other pages touching that cause  And the Crosse Bill of
       Neale against Balley being also Read and all pages concerneing that cause
       and upon Reading the Depossicons and proofes taken in the said causes being
       all by this Court seriously viewed and Considered and heareing what could
       be Alleadged onether sides  This Court was all Clearly sattisfied That
       John Balley the Complt was Joint Owner of the Cargo of wynes in Question
       and that the account of sales of the said Cargo made by Neale and in this
       Court Filed should be referred to Audito.rs to State and Examine the same
       And this Court did thereby Appoint M.r Thomas Notley and M.r Benjamyne
       Rozer to Audite state & Examine the same who were desired to make full
       Examanation into it and to make Report to this Court how they found it
       at the then next Court That so the Court being Fully Sattisfied in
       the businesse might Decree & order therin as in Conscience & equity they ought
                                                                                                             and


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 39   View pdf image
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