Volume 748, Page 400 View pdf image |
400) At a Court of Chancery held at Annapolis Novemb.r 19.th 1698 Present The Hon.ble Coll Hen.r Jowles Keeper & Samuel Young Justice John Freeman Regist.r This being a Court accidentally held & occasioned by an Injunction granted to Will.m Holland upon his Petition to y.e Chancell.r y.e only Cause heard was y.t of William Holland Injunction was issued & by serving thereof in y.e provinciall ag.t Court y.e Compl.t intended to stop Judgment W.m Dent Attorney ag.t him in y.e s.d Court Gen.ll of his Maj.tie But after y.e reading of y.e King William &c Compl.ts Petition (upon w.ch y.e s.d Complt obtained y.e Writt of Injunction) & likewise y.e answer of W.m Dent Attorney Gen.ll &c to y.e s.d petition in open Court by y.e Regist.r severall other papers & Letters were read for & on behalf of y.e s.d W.m Dent Deft for y.e King By which it appeared to y.e Court y.t y.e s.d Defts answer was true in all particulars Moreover y.e s.d Deft swore to y.e s.d Answer in open Court as is now entred at y.e foot of y.e s.d answer attested by y.e Regist.r But withall protested against such oath on behalf of y.e King for y.e future, there being no obligation on him to swear in such Case Upon y.e whole, The Court, finding y.t divers suggestions in y.e Compl.ts petition, on w.ch he obtained y.e Injunction were false & likewise y.t y.e granting of y.e Injunction was illegall being in a Cause for his Maj.ties Interest upon a Bond payable to his Majestie & no more demanded by y.e attorney Gen.ll aforesaid for y.e King than y.e just Debt due & y.e Legall Interest for y.e time of y.e detaining thereof, (being Eight P Cent) do therefore dissolve y.e s.d Injunction Reserving to y.e Compl.t all just & equitable Relief for any proceedings against him contrary to equity, when sought for by any due & proper Measures The Court (as was formerly intended) will sit again y.e 23.d of Feb.ry next Recorded by John Freeman Regist.r |
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Volume 748, Page 400 View pdf image |
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