Volume 748, Page 419 View pdf image |
419) At a Court of Chancery held at Annapolis Octob.r 9.th in y.e year of our Lord 1699 & y.e 11.th year of y.e Reign of our soveraign King William y.e 3.d Present His Excell.cy y.e Gov.r Coll Nath.ll Blakiston Keep.r of y.e seal Maj.r John Hamond & of y.e Hon.rble Councill Justices Thomas Tench Esq.rs Bill filed Causes W D W.m Rousbey Ordered y.t y.e Deft do forthwith upon oath before one of ag.t y.e Justices of this Court give up to y.e Regist.r of this Court Ja Regn.r Rich.d Smith & wife all y.e books of acc.ts papers Deeds Evidences & other Instruments Exec.rx of Jn Rousbey y.t relate to y.e Land ^&^ in debate C C Charles Blake heir at Bill being a long time filed & divers Comissions Law & one of y.e Exec.rs of Rebellion issued ag.t y.e Deft for want of Answer of Peter Sayer & appearance thereupon ag.t P C Francis Bradley It is by this Court decreed That upon y.e Compl.nts making good his part of y.e Covenants mentioned in his bill y.e Deft shall perform his part of y.e s.d Covenants in s.d bill expressed according to y.e true Intent & meaning as explained by this Court because of & notwithstanding y.e unskillfull penning of y.e Covenants aforesaid The Decree at large & in form drawn up by y.e Councill for y.e Complainant & y.e Regist.r is in these words following (viz) The Decree for Blake ag.t Bradley Whereas heretofore y.t is to say upon y.e 28 day of in y.e year of our Lord 1698 Charles Blake heir at law & one of y.e Exec.rs of Peter Sayer late of Talbot County Gentl decd did exhibit his bill in this Court of Chancery setting forth a certain Contract mutually made between y.e s.d Peter Sayer in his life time & one Francis Bradley of y.e same County for y.e exchange of certain Lands of y.e s.d Sayers for certain Lands of y.e s.d Bradley & his Wife And y.t y.e s.d Sayer of his part did in his life time perform some part of y.e s.d Contract of his side to be performed & y.t y.e s.d Blake his heir at Law as afd was ready to perform y.e remaining part but y.t inasmuchas y.e s.d Agreem.t was so unskillfuilly penned y.t thô y.e Intent of it is evident yet y.e words therefore will not bear an action at Law to compell y.e s.d Bradley to perform his s.d Contract Wherefore y.e Complaint applyed himself to us in our s.d Court for relief & inasmuchas upon severall processes of Attachm.t of Contempt Comission of |
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Volume 748, Page 419 View pdf image |
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