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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 822   View pdf image
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822

       obtained by the said Benj.n on the Judgm.t afd and whether any of his
       Goods and Chattells of what Nature soever were by any Meanes Executed
       by the Said Benj.a Braines or any for him for the satisfying his said
       Judgm.t so as afd obtained if not why the said Atkey should be
       restored to the Tobacco which the said Compl.t nor any for him ever
       tooke from said Atkey  And that the Said Atkey may further sett
       forth whether Nathaniell Hynson by Virtue of the said Writt of
       Restitution attachment & y.e Condemnation thereon did not take
       out of the hands of Gilbert Faulkoner the Compl.ts factor for the
       Use of said John Atkey Tenn thousand six hundred & forty pounds
       of Tobacco for the Costs and Charges of the said Atkey in Error &
       to restore him to (as he to the Court falsly alledged & suggested was
       taken in Execution from him) five thousand three hundred & thirty
       Eight pounds of Tobacco for principall and Interest & Eight hundred
       and thirty seven pounds of Tobacco Costs of suit for which y.e said
       Compl.t as afd had Judgment   what did the Said Nathaniel Hynson
       with the said Tobacco after he had taken it out of the hands of
       the Compl.ts Factor whether he did not deliver it to said Atkey
       or order if not to whom did he deliv.r it  And that the Said Atkey
       may be obliged to restore the Said seven thousand three hundred
       forty six pounds of Tobacco so unduely obtained from the Said Benj.n
       with the Interest of the Same from the time of takeing thereof &
       the Said Benj.n further releived in all and singular the premises
       according to the Rules of Equity and good Conscience;   wherefore he
       prays sup.a &c.a  And the said John Atkey Answerth & saith that
       he having about Nine Years agoe dealt with Cap.t William Hoar
       as factor to the Compl.t for goods and Merchandizes to the Value of
       four thousand Nine hundred and forty Eight pounds of Tob.o as in the
       Bill sett forth did pass his obligation to the Compl.t therefore & afterwards
       paid and satisfied the same to Gedion Pearce Receiv.rs


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 822   View pdf image
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