Volume 748, Page 818 View pdf image |
818 saith he hath been Informed and hopes to prove that the said Compl.t well knowing the Danger of forfeiting the said Bond for want of warranting and setteing of Gadshill to the said Knighton & his heires according to seale and Covenants Therefore the better to secure himself did by some unfair means procure and grant or Conveyance thereof from the said George Simons and Eliz.a his wife under the Pretence of fifty pounds sterl thô really and bona fide as this Defd.t hath been Credibly Informed little or no part thereof was ever paid as in and by the said Bill is sett forth and Mentioned whereupon shortly after the Compl.t did Comence a Suit at Law and brought his action of Trespass and Ejectment against this Defend.t who obtained a Non Suit thereupon as by the afd Bill And that the Compl did shortly afterwards (as this Defd.t hath been Informed) procure an act of assembly in the Name of the said George Simons & Eliz.a his wife without their privity or Consent to Confirm the said will after which the said Compl.t did prosecute another action of trespass and Ejectment ag.t this Defend.t in her Majestys provinciall Court and the Jury therewith Charged brought in a Verdict for this Defend.t And this Defend.t being a purchaser und.r the said Thomas Knighton the Son and heir at Law to the said Thomas the father (for the Consideration afd of the said Tract of Land called Marshes Seat being a very Ancient Tract And being that the said Gadshill is of a young date and that both by the said pretended patent of Gadhill and by the said pretended will of the said Thomas Knighton the Father to said Gadhill is said to be adjacent and so Consequently of the bounds of Marshes Seat and could never be Intended by the said will to depose the said Thomas his ^Eldest^ son and heir at Law of the Greatest part of Marshes Seat and this Defend.t Claiming under him as afd which (the |
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Volume 748, Page 818 View pdf image |
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