ENPages That Mention Court of Equity
Plea for Injunction in Holliday v Lauck, 6 November 1801
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Orator further sheweth that during the Interval between his purchase made of the said Land from the said Welsh as aforesaid, and the time when your Orator made the discovery of the Fraud and Deception practiced upon him by the said Welsh which has been above stated, the said Welsh who had previously contract ed an account with a certain Peter Lanck as Your Orator has been informed and believes assigned to the said Lauck, your Orators Bond for fifty Pounds being one of those abovementioned to have been given by your Orator to the said Welsh in part of the Consideration for the Tract of Land aforesaid. And Your Orator further Sheweth that immediately after receiving Information from the said Edward Smith of the said Rootes having a Mortgage from the said Welsh upon the said Tract of Land, which Information Your Orator believes to be true, Your Orator called upon the said Peter Lauck, informed him of the Fraud which had been practiced upon your Orator by the said Welsh, and apprized the said Peter Lauck whom your Orator prays may also be made a Defendant to this his Bill of Complain of the acquitable Defence which Your Orator shoud rely up on in order to extricate himself from the Payment of the said Bond, and at the same time admonished the said Lack that he has better endeavour to obtain satisfaction from the said Welsh; which Your Orator well hoped the said Lauch woud have done - But now So it is, May it please Your Honour, that the said Peter Lauck (coulining and confederating with the said Thomas Rootes, and James Welsh and with divers persons unknown to your Orator whose Names when discovered Your Orator prays may be inserted herein with apt words to charge them as parties) hath actually brought Suit in the County Court of frederick upon the said Bond and having obtained a Judg ment thereon hath issued as Executor thereon, altho Your Orator is apprehen sive from the prior Mortgage of the said Rootes, and from the desperate Circ cumstances of the said Welsh that no Compensation can ever be recovered for the Injury which Your Orator hath already sustained, All which Actings and Doings of the said Lauck and his Confederates are contrary to Equity and goo Conscience -- in tender Consideration where of and for as much as Your Orator is without Remedy in the premisas at the Common Law, and is proper to be relieved before your Honour in a Court of Equity where frauds and Impositions are set aside and Evidences unduly detained an directed to be delivered up, and Matters of this Nature are properly cognizable -- To the End therefore that the said Peter Lauck, James Welsh and Thomas Rootes, and their Confederates when discovered, may full, true and perfect Answers make to all and singular the premisas, as if the same were here again repated and interrogated -- And especially that the said Thomas Rootes may upon his corporal Oath declare whether the Mortgage afore said from the said Welsh to him the said Rootes was really executed at the time
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the time of the purchase of the said tract of Land with Interest thereon from that period and may deliver up Your Orators Bonds to be cancelled, And that the Judg ment aforesaid obtained by the said Launch may be injoined until the Matter here of be heard in a Court of Equity, Or that such other decree may be made in the Premises, as may be consistent with Equity and good Conscience
May it please Your Honour to grant to your Orator the Commonwealth Writs of Subficena and Injunction restraining the said Peter Lauck his Attornies or Agents from all further Proceedings upon Judgment &c &c
Corporation of Winchester to wit
William Holliday the abovenamed Complainant, this day appeared before me a Justice of the Peace in and for the sd Corporation, and made Oath that the Allegations herein contained, so far as he hath spoken of his own Know ledge are true, and so far as he hath spoken from the Information of others he believes them to be true.
Given under my hand this 6th day of November 1801.
The injunction is awarded on the usual terms, 14 of november, 1801,
Page 8 pg.
Holliday
vs. } Bill
Lauck et al
November 14th 1801, Skea & Junction issued returnable to March term 1802, appearance for defendant = Holmes -and so the cause remained until the first day of Feby. 1802
$1.93 Cts
November 14tth 1801