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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 643   View pdf image
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643)

       Him in Talbott County Court upon two of her said penall bonds the
       Condicons of which the Complt was and all wayes has beene ready to
       Comply with upon the sd Roberts performeing the agreement aforesd
       The which to doe he still refused To which the sd Robert Smith Esq.r
       by his said Attorney answered that true it was he did about the tyme
       in the bill for that purpose memoved enter into Communicacon and
       make such Contract and agreement with the Complt for the sale of
       those Lands therein named but denyes that he ever refused to execute
       or Acknowledge such deeds as were Essentially requisite for secureing
       and Transferring the premisses to the Complt  And the Defendant further  
       saith that it is true he did alsoe by the sd Agreement sell and dispose
       of all such dwelling houses out houses stock of Cattle horses sheepe
       hoggs and other stock them standing growing and being upon the said land
       soe Contracted for by the Defend.t with the Complt but does possitively
       denye that any part of the sd Cattle horse sheep or other live stock
       were taken away by the presponder or any other person by his order
       privity or Consent after the makeing such Contract or Agreement
       as aforesaid Although the same was falsly suggested in the bill  And
       as to the sume of Eighteene Thousand pounds of Toba pretended by
       the Complt to be pd the Defendant in part of payment for the said
       land soe contracted for by the Defend.t to the Complt  The said Defd.t does
       Aver that he nor any other person by his order did ever receive the sume
       of Eighteene thousand pounds of Toba or any other sume w.tsoever from
       the Complt upon the sd Consideracon But did Confess he had received
       some Tobaccoe of the Complt since the makeing of the sd Contract or Agreem.t
       but does Affirme the sume was pd him by the Complt towards the satisfaction
       and upon the Account of a certaine bill or writeing under the hand
       and Seale of the Complt for seaven thousand five hundred pounds of Toba
       Which said bill bears date the sixth day of May 1693 and became due
       and payable long before any of the lands in the Complts bill set forth
       and that he is ready and willing to give the Complt Creditt for the same
       by Endorsement on the back of the said bill   To all which answer the sd
       Complt for replicacon sayes that his said bill of Complt is very true cert
       and sufficient in law to be by him the sd Defendant answered unto and that
       all and evry the matters and Allegacons therein Contained are by him therein
       sett forth upon good cause Just ground and occasion of suite and the
       Complt further saith that the said Defendants said Answer is very uncert
       untrue and insufficient in the law to be by him this Complt replyd unto
       Nevertheless all Advantages and benefitt of Exception to the


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 643   View pdf image
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