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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 99   View pdf image
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                                                                                                             (99)

       much more to the Comp.lts Credit & Equitable dealing to have Continued the possession
       of the Premisses had he been Refused an assureance thereof according to
       agreement and to have Exhibitted his bill into this Court against the other
       Def.t Nathaniell to Enforce an Execution thereof then voluntarily quitt the
       Possession of the Premisses because he Conceived them too deere in hopes to
       being this vexatious Suit  And he further alleadged that he was advised that
       the high Court of Chancery in England did not give reliefe in any Suite
       where the substance thereof tended to the over throwing of any fundementall
       point of the Comon Law or to overthrow or take from other Courts their
       Peculiar Jurisdiction but the judgeing and Concludeing the Def.ts said
       noate or letter (wherein he promised his said Brother should give the Comp.lt
       good assureance of the premisses) to amount to Generall Warranty is
       directly Repugnant and in overthrowe of a fundamentall point of the Comon
       Lawe (to which the Def.t Thomas conceived the people of this Province were
       subject there being noe Law in the same Contrary thereunto) for as much as the
       agreement between the Comp.lts and Def.ts Nathaniell was for part Tobacco and
       part Land and in Liew of the Said one Thousand Acres which was an Exchange
       in Lawe as to a moiety that could not be Capable of nor Subject to Generall
       Warranty being against the nature of such Estate but onely Lyable to
       Speciall warranty the Judgment and Construction whereof properly and
       peculiarly apperteynes to the Provinciall Court And forasmuch as noe
       Decree of this Court once Enrolled could be reversed or altered but by bill
       of review unlesse in Causes of this nature where the case was demonstrative
       the Petitioner humbly be sought his honnour the Governour to putt a stopp
       to all further proceedings upon the said Decree untill the matter should
       be Reheard before the Governour and the whole Councill in the next
       Generall Assembly Chancery or Provinciall Court whereupon upon
       Consideration had of the Petition by his honnour the Governour he thought
       itt Just and Equitable that the proceeding in the cause between the
       Comp.lts and Defend.ts be fully stopt as to any thing relateing to the
       Decree within mentioned untill the end of the then next provinciall
       Court soe that the Defend.t or his Councell might have tyme to be heard
                                                                                                    (Upon)


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 99   View pdf image
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