Chancery Proceedings and Wills

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No. Carolina ss: Att a Court of Chancery holden at the house of [illegible] Edwd: Hyde Esqr in Chowan on Thursday the 25th Day of August Ano Dom: 1712

Present the Honble: Edwd: Hyde Esqr. Govr: Capt. Genll, & Commander in Chief

{ Thos Pollock } The Honble { Na Chevin } Esqrs. Lds. proprs. Deptys {Tb: Knight }

Upon Petition of Samll: Mills Mstr of the Hanah & Mary Galley praying a rehearing may be had upon the Tryall of the afsd. Galley now undr. condemnation by Judgment in the Court of Admlty. for that he Say that the Same Judgmt. is very uncertain & Erronious & for the following reasons (vizt) that he the Sd. Mills was denyed Councell to plead in defence of the Sd Vessell; Secondly that the Sd vessell was Lybelled Tryed, & Condemned by a wrong name, & Thirdly that the Judgmt. in genll: is Errounous & contrary to the act of Parliamt. on wch Shee was Lybelled.

Whereupon it is ordered that an Injunction doe go out to Stop all further proceedings agt. the Sd. Vessell untill a rehearing be had before such Delegates as Shall be appointed for that purpose from the Court of Chancery in this Governmt. persuant to the Laws in Case made & provided.

Ordered that the afsd Samll. Mills doe put in Security to Mr. Drinkwater to prov. his appeal wth: Effect & pay Costs in Court

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No. Carolina ss: Att a Court of Chancery holden at the hse of the Honble: Thoms: Pollock Esqr. in Chowan on the 13th Day of Septr. Ano Dom 1712

Present the Honble: Thos: Pollock Esq. President &ca.

{ Tho: Boyd } { Na: Chevin } The Honble { Wm Reed } Esqrs. Lds Proprs. Deptys { Christo. Gale } { Tobs. Knight }

Whereas by a former order of Court Delegates was appointed to hear & determine an appeal from the Court of [crossed out word (Chancery)] Admiralty concerning the Tryall & Condemnation of a certain Vessell called the Hanah & Mary Galley & that Comission being fallen by the Death of the Honble: the Govr: It is hereby ordered that a new Comission Doe Issue out directed to Maj. Thos Luten, Tho: Snoden, Jno. Bird, & Edwd: Smithwick Esqrs to meet at the house of Capt. Tho: Lee in Chowan on the first day of 8br next then & there to hear & determine the afsd. Appeal Tho Pollock C Gale T: Knight Tho: Boyd N: Chevin

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No: Carolina ss: Att a Court of Chancery holden at the house of Capt: Jno Hecklefield in Little River on Tuesday the 4th. day of Novr. 1712

Present The Honble. Thomas Pollock Esqr. Presidt: &ca.

{ Nathle Chevin } { Thos Boyd } The Honble { Wm: Reed } Esqrs: Lds : proprs Deptys { C Gale } { T Knight }

Upon readeing of a Bill of Complt this Day of Majr. Christo Gale Esqr. Complt agt: Mr. Joseph Dereham Deft.

It is Ordered and Decreed that a Comission Doe Issue out of this Court directed to Cap.t Jno Drinkewater Wm. Gray John Clarke Wm. Brice Jno Nelson Junr. and Wm. Hantock Junr Impowering them or any two of them to Examine all Such Evidences as shall be brought before them at a Certaine day to be by them appointed touching or Concerneing the premisses or any part thereof and also that a Spa. be directed to Mr. Joseph Dereham to a appeare at the next Court of Chan. pursuant to the afsd. Bill

by Tho Suden his letters John Smyth Mercht Comes to prov his bill of Complt ^(agt) [crossed out text (by the)] ^(Cornelius Fitzpatrick Deft) [crossed out text] therein Setting forth that he did Imploy the Sd Deft to receive Severall quantytys of Pitch for him to the sd Deft pretending Skill in that Comodyty & promiseing that he would reserve none but what was good And that he allowed him in Consideracon thereof after the rate of ten per Cent nevertheless & Notwithstanding Such prt Or his Agreemt. & the Said Defts promiss out of Eighteen lbs of Pitch which he received as afsd Sixteen of them are found Nought & not merchantable as in & by a Survey thereof by good Authority appointed beareing Date the 11th Day of July 1712 & here into Court brought doth & may appeare Contrary to Equity &ca. And for as much as per the Strict rules of the Comon Law Your Orator. is remediless he haveing at the rect. of the afsd Pitch wholey discharged the Deft of and from the Same Therefore prays that a Spa. may directed to the Said Fitzpatrick &ca. And that Such reliefe may be decreed to him as shall be thought fit &ca.

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And the sd Deft by Edwd Moseley his Attoy Comes and Saith that the Same is Devised & Exhibited of Set purpose & Malline to [crossed out word (Set)] put this Deft to great trouble Vexacon & Expence in the Law for following the Same And without any reasonable Cause Given by him because it evidently appeareth by the Saide Bill that if the Complts Alligation were true the Sd: Complt hath good remedy and ough to Sue for the Same by way of Action at & by the Comon Law & not at this Court And for other apparent Insufficiency &ca. the Said Deft Demurreth in Law & Demandeth Judgemt. whether &ca. And this Court haveing Duely Considered of the Said Demurrer have thought fit & the Same is hereby over ruled And there upon the Said Deft for farther Answr. to the Said Bill Saith that he did agree wth. the Complt to Sell Some goods for him & to receive the Effects the Sd: Complt allowing him at the rate of ten per Cent for Such his trouble And that in pursuance of the sd Agreemt. he did Sell & dispose of Sundry goods belonging to the Complt & to the best of his Skill & knowledge did receive pitch for the Same & at tymes made delivery thereof in good ordr. (to the best of this Defts Knowledge) except One barrll wch: this Deft Supposed to be too Soft & offered to Keep it himselfe & allow the Sd. Complt. upon Accot. for the Same but the Complt approvd thereof & reced' it & gave him a discharge in full. &ca. And the Court haveing duely heard & Considerd the whole Matter

It is Adjudged Ordered & Decreed that the Suite be Dismissd & the plt pay Costs ats Exo

Willm: Tetterton and Sarah his wife one of the Co heires of the Estate of John Lilly Decd Comes to prov their Suite agt. Richd. French & Sarah his wife Admrx of the goods & Chatles of the Said John Lilly therein setting Forth that the Said John Lilly in his life tyme was Seized and possessed of Divers goods and Chatles Wares and Merchandizes & personall Estate to a Considerable Vallue And being Soe Seized Dyed Intestate leaveing Issue the sd Sarah & Hanah Lilly Co heyres as afsd. And in Some Short tyme after one James Oates