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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 97   View pdf image
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                                                                                                             (97)

       to the said Truemans Plantation and in seating building fencing and cleering
       the same and all other necessary charges relateing thereunto according to
       the writeing under the hand of the Said Thomas Truman deducting thereout
       all such sume or sums of Tobacco as the said Comp.lt hath or without his
       own wilfull default might have received out of the said Plantation by the
       Perception of the Profitts thereof from the tyme of his entry thereinto till he
       left the same and for as much as it was not known to this Court what  
       Charges or Damages the Said Complainant had layd out and Expended or
       susteyned by non performance of the agreement aforesaid and in Seating
       cleering and building upon the Plantation aforesaid and other Charges relateing
       thereunto or what profitts had been by him Received as aforesaid and for that
       the same was properly tryable att the Comon law by a Jurÿ Itt was further
       ordered that a writt of Inquiry of Damages should Issue to the Sherriff
       of S.t Maryes County Returneable the then next Provinciall Court to
       Impannell a Jury of twelve good and lawfull men of his Bailiwick
       to Enquire what charges & Damages the same Comp.lt had layd out and
       expended or susteyned by non performance of the agreement aforesaid and
       by the Cleering seating and building upon the Premisses and other Charges     
       Relateing thereunto and what he had or without his own wilfull default
       might have Received by the percepcon of Proffitts thereof as aforesaid and
       what upon the said Juryes verdict should appeare to be due unto the
       Complaynant for Damages as aforesaid the said Def.t Thomas Trueman
       was to paÿ the same to him accordingly  Afterwards to witt upon the
       Nynteenth day of November following the said Def.t Thomas Trueman
       did preferr his Petition to the Honn.rble Thomas Notley Esq.r Cheife Judge in
       Equity and thereby did sett forth that the Complaynant haveing Exhibitted his
       Bill into this Court against the Petitioner and his Brother Nathaniell
       then since dead to have a Sufficient Conveyance with Generall Warranty
       of one Thousand Acres of Land in Calvert County or elce to have his
       Charges and disbursments for building and Cleering upon the same
       the p.lt thereby aleadging that the Defendant Thomas in the Absence of the
       Def.t Nathaniell agreed w.th the Comp.lt that he should enter and seale
                                                                                                    upon


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 97   View pdf image
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