Volume 748, Page 392 View pdf image |
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392) did reply and severall Witnesses were examined in y.e s.d Cause & their Depositions duly published And this present twelfth day of Sept.r 1698 was appointed for hearing of y.e s.d Cause on wch day upon hearing of y.e s.d Cause & reading y.e s.d bill answers exceptions Replication & y.e Depositions taken in this Cause & what could be alledged in this Matter by y.e parties afores.d & their Attorneys & upon reading of y.e articles of agreem.t afd y.e Lett.r of y.e s.d Rob.t Carvill writ to y.e s.d M.r Hill & y.e under writing of y.e s.d M.r Hill This Court were of opinion y.t y.e same was obtained by fraud & Circumvention & y.t y.e s.d Lynes by y.e Nonsuits & Judgments afd obtained had no legall Right or title to y.e s.d Mills & premisses after y.e expiration of y.e s.d first three years & y.t he ought to be accountable to y.e s.d Compl.ts for y.e profits of y.e s.d Mills since y.e s.d first Lease for three years And do therefore hereby Order & Decree That y.e s.d Philip Lynes do forthwith deliver to y.e s.d Compl.ts or their ord.r y.e full quiet & peaceable possession of y.e s.d Mills Lands & premisses & y.e utensills to y.e s.d Mills belonging and y.t he do also forthwith pay unto y.e s.d Compl.ts y.e sum of thirty thousand pounds of good sound merchantable tobacco in Cask to contain y.e same convenient in Charles County afd for & in lieu of y.e profits of y.e s.d Mills & p.rmisses by him received since y.e expiration of y.e s.d three years as afd y.e better to enable them to repair y.e same & pay y.e Credit.rs of y.e s.d decd James Bodkin wch they are hereby ordered to do by & out of y.e profits of y.e s.d Mills together with their y.e s.d Compl.ts Costs & Charges in this Court & at y.e Comon Law sustained & expended in & by this suit & y.e two actions afd in y.e provinciall Court wch in y.e whole amounts to y.e sum of Nine thousand six hund.rd Eighty four pounds of tobacco We do therefore hereby Comand & enjoyne you y.e s.d Philip Lynes y.t all & every y.e Matters & things in y.e s.d Decree mentioned you do pay perform & do according to y.e true Intent & Meaning of y.e s.d Decree And this you may in no wise omitt under y.e payne ensuing Witness Hen Jowles Chanc.r The above is a true Copie of y.e Originall Decree signed by y.e Chancell.rs own hand & sealed with y.e great seal of Maryland Recorded by me John Freeman Regist.r in Chanc.y Francis |
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Volume 748, Page 392 View pdf image |
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