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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 821   View pdf image
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821

       three hundred and forty six pounds of the said Tob.o by Virtue of the said
       Attachment were Condemned in the said Falkoners hands and by him
       paid to Nathaniel Hynson then Sheriff of Cæcill County so that by the
       Fraudulent Contrivance and subtilly of the Said John Atkey said Atkey
       Instead of paying the said Braines his Just Debt and Costs according to
       the Intent of the Judgment aforesaid by Colour of the ^s.d^ writt of Restitution
       hath been restored to that which never was taken from him your the Said
       Benjamine having had a Cap.s Ad Satisfaciend ag.t the Body of the Said
       John Atkey by virtue of the Judgment afd who thereon was taken
       in Execution and the said writt by John Hynson the Sherriff returned Cepi
       which really and bona fide was the only Execution your orat.r ^the said Braines^ had ag.t
       said Atkey having never meddled with said Atkeys Tobacco or any other
       of his Goods & Chattles by Virtue of any Judgm.t or Execution whatsoever
       That the said John Atkey without any colour pretence or Consideration hath
       inequitably gott into his hands by Virtue of the writt of Restitution afd & the
       attachment thereon the sum of seven thousand three hundred forty six pounds
       of Tobacco afd which he still possesses the said Benjamine beleiveing his designe
       to be nothing less then to Defraud him of the same when contrary to all the Rules
       of Equity and Justice he hath Converted the same to his owne use and refuses to
       be accountable to the said Benjamine for the same or any part thereof all
       which actings and doings of said John Atkey tend to the ruin of the Said Benj.a
       family and trade in tender Consideration whereof and for that the said Benj.a
       is remidiless at by the Strict rules of the Comon Law and properly releivable in
       this high and honble Court which ever discountenances frauds and oppressions
       of this kind to the End therefore that the said Atkey may upon his Corporall
       Oath to be taken on the holy Evangelist of almighty God discover the truth of
       all and singular the premisses and perticularly whether he was not Executed by
       said John Hynson late sherriff of Cæcill County by Virtue of a Cap.s Ad Satisfaciendum
                                                                                                          (obtained


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 821   View pdf image
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