Thomas Bayly Sr vs Edward Killman 1803-007 - Transcribed by Gail M. Walczyk

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vs . . . . . Chy

To the Worshipful the Justices of the County of Accomack in chancery your Orator Thomas Bayly Senr. jumbly complaining Sheweth, That a certain Edward Kilman of the County aforesaid being seized of a certain tract or parcel of Land in fee simple and in the County aforesaid and Parish of Accomack and being indebted unto your Orator in the Sum of Seven pounds thirteen Shillings and Six pence and being also desirour to secure the payment of said sum of money with interest the said Edward Kilman did on the 28th day of Febrary 1803 Sign Seal and as his Act and deed deliver unto your Orator his heirs and Assign the said tract or parcel of Land in fee simple and bounded as follows _________________ being the tract of Land which the said Edwd. Kilman purchased of Thomas B. Taylor lying on Guilford Creek and Containing Sixty Acres more or less, With condition that if the aforesaid Edward Kilman his heirs Exr. or Admrs. did and Should well and truly pay unto your Orator his heirs Exrs. Admrs. or Assigns the said Sum of Seven pound, Nineteen Shillings and Six pence, with legal interest thereon form the date of sd. Mortgage deed, an the said Edward Kilman Should should be thereunto required to pay the Same Debt & Interest should be demanded of him the said Edward That then & from thence forth the said Mortgage deed should be void otherwise to remain in full force and Virtue relative thereunto being had will more at large Appear, which said Mortgage deed your Orator begs leave to annex as part of this his Bill And your Orator further sheweth that the said Edward Kilman did not pay the said Sum of Seven pounds Nineteen Shilling and Six pence or any part thereof nor any interest for the Same according to the Said Mortgage deed although the sd. Debt was of him demanded; but the Same and the interest thereof is wholly unpaid whereby your Orator's estate is the said premises become absolute and he and his heirs and Assigns ought peaciably and quietly to hold enjoy the said premises to him mortgaged as afsd free from incumberances &c. But so it is may it please your Worships that although your Orator hath made many and frequent demands on the said Edward Kilman agreeable to the mortgage aforesaid yet the said Edward Kilman could no wise be prevailed upon to make payment to your Orator of the aforesaid Sum of money or any part thereof. In Tender consideration whereof and for that your Orator is remediless by the strict rules of Common Law nor can your Orator dispose of his interest on the premises no person being willing to deal with your Orator for it, so long as the same is subject yo an equity of redemption and your Orator hath no way otherwise than by your Worships aid to compel the said Edward Kilman to redeem the premises and pay your Orator his principal money with interest Costs Charges by a certain day shortly to be mentioned or in default thereof to have the said Edward Kilmans Equity of redemption barred & foreclosed To the end therefore that the said Edward Kilman may true & perfect answer make to all and singular the premises and that the said Edward Kilman may be compelled by decree of this worshipful Court to pay unto your Orator the said sum of Seven pounds Nineteen Shillings & Six pence with legal interest thereon, that the said Land aid Appurtenances thereunto belonging which are contained in the mortgage deed may be sold at public Sale and the money arising from such Sale or so much thereof as will be sufficient to satisfy and pay unto your Orator the money aforesaid and the interest thereon or that the said Edward Kilman and all claiming and under him may be foreclosed of all equity of redemption in and the same to your Orator & his heirs or that your Orator may be otherwise relieved in the premises by your Orator may be otherwise relieved in the premises by your Worships agreeable to equity and good conscience May it please your Worships to grant to your Orator the Common Wealths Writ of Subpoena to the said Edward Kilman to be directed therein and thereby &c. And your Orator as in duty bound shall ever pray &c.
Richd D. Bayly p Complt.

by John Nock Dy
for John Teackle sheff

The commonwealth of Virginia to the Sheriff of Accomac County greeting we command you that you summon Edward Killman to appear before the Justices of our said Count Court of Accomac at the Court house of the said County on the last Monday in March Inst. them and there to answer a bill in Chancery and have then there this writ Witness Littleton Savage clerk of the said Court at the Court house aforesaid the 6th of March 1804 in the 28 year of the CommonWealth
Littleton Savage


_____. Accomack County VA Chancery Causes, 1727-1805. Thomas Bayly Sr vs Edward Killman 1803-007. Local Government Records Collection, Accomack County Records. The Library of Virginia, Richmond, Virginia. Accessed 5 February 2012.

© Copyright 2012 by Gail M. Walczyk