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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 631   View pdf image
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631)

       Attorney insoebeing the Accon layes it wrong soe the Defendant
       was forced to suffer a non Suite without any Tryall at all  And to Comence
       his Accon againe for the tyme the Complt had the Sloope but through the
       Ignorance of the Attorney had not laid his Accon right  And soe this
       Defendant was Nonsuited a Second time and Constrained for recovery of his
       right to bring an accon a third Time upon w.ch the Defendant recoverd Judgm.t
       in Talbott County Court within this province ag.t him the Complt from w.ch
       Judgment the sd Complt appealed to the proventiall Court of this Province
       And not withstanding all the reasons alleadged by the Complt against the
       said Judgment in the County Court the sd Judgment was held for good
       And to delay and litigiously to pplex the Defd.t the Plantiffe removed it
       into this Hono.ble Court  Which being read before this Hono.ble Court and the
       Court finding it Absolutely necessary for better discovery of the Equity
       of the matter to Issue Commissions for examineing such Evidences on both
       sides that might be pduced by either partye whereupon it was ordered that
       Comissions Issue for Examining of the Evidences that might be produced
       on behalfe of the Complt  And that the Sev.rall Depositions that might
       be taken should be Transmitted into this Hono.ble Court by all Convenient
       speed  Then after which Commission was granted to M.r Rich.d Tilghman
       for that purpose  And there with was sent Sev.rall Interrogatories to
       be proposed to such Evidences &c  Who soone after Transmitted the sev.rall
       Depositions by him taken into this Hono.ble Court which was here read and
       follows in these words

The answer of Anthony Rumball foll to the sev.rall interrogatoryes proposed by
       the Complt against Nicholas Low Defendant Aprill the 1.st 1703

                      Imprimis I doe know Alexander Forbes the Complt & Nicholas
       Lowe Defd.t

2.dly   At the tyme that I did for the use of M.r Nicholas Low deliver the five man
       boat to M.r Forbes which was the Twenty Sixth of July 1697 as appears
       by a receipt taken of the said Forbes for the delivery of the said boat
       She was very much out of repaire as I was informed by the Skipper
       of the boat  I alsoe did hear the Skipper and Cap.t Phillips in whose
       Service the boat had had been say that she had damnified Sev.rall hhds
       of Toba by meanes of Leakiness

3.dly   The five man boat was very leaky and I was informed by the Skepper soe
       that he was forced to goe sev.rall times a day to pump her or else She would
       have sunk


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 631   View pdf image
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