John Wharton vs Edward Joynes - 1789 - Transcribed by Gail M. Walczyk

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Note: The complaint below was included in the packet John Wharton vs Admrs of Smith Snead 1789-018.

Wharton
vs . . . . . . . . Bill in Chancy
Joynes

To the worshipful Court of Accomack in Chancery Humbly complaining sheweth unto your Worships your orator Jno Wharton that on the fourth day of May Anno Domini one thousand Severn hundred and eighty eight a certain Edward Joynes being indebted unto your Orator in the full Sum of fifty pounds Specie for the more effectual securing the payment thereof unto your orator on demand did on the Day and year afrsd by his Deed of Bargain and Sail bearing the Date afrsd only acknowledged in the County court of Accomack which said Deed your Orator does here to annex and prays may be taken as part of this his Bill sell and convey unto your orator in Consideration of the afsd. debt a certain Tract or parcell of Land in the County of Accomack devised to the said Edward Joynes by his the said Edward's Father last will containing one hundred acres be the same more or less To have and to hold the said Bargain and sold premises unto the said Jno Wharton His heirs and assigns forever upon this express condition that of the said Edward Joynes should pay unto said Jno Wharton on or before the Day of August next insuing the Date of the said Deed of Bargain and Sale the said Sum of fifty pounds Specie together with legal Interest thereon from the Date of the said Deed then the said Deed to be void But now said Edward Joynes hath not paid the said Sum of fifty pounds or any part thereof unto the said John Wharton and doth altogether refuse to pay the same or to permit the said Jno to enter peaceably on the said Land to occupy and enjoy the same agreeable to his said Deed
In Tender Consideration whereof & for that your orator is remediless in the premisses save in a court of Equity where matters of this kind are properly Cognizable To the end therefore that the said Edward Joynes may true and perfect answer make on his corporal oath to all the premisses as truly and particularly as if here again interrogated that the said Edward may be foreclosed all Equity of Redemption of the said Lands and that the said Lands may be sold for the Benefit of your orator so as to satisfy your orator The said Debt of fifty pounds with Interest thereon as afrsd and the costs of this Suit and that your orator may be further relieved in the premisses in such manner as to this worshipful court may seem consistent with Equity and good Conscience May it please your worships to grant unto your orator the commonwealth's writ here & your orator &c
G Parker pro Complt


Sources:

_____. Accomack County VA Chancery Causes, 1727-1805. John Wharton vs Admrs of Smith Snead 1789-018. Local Government Records Collection, Northampton County Records. The Library of Virginia, Richmond, Virginia. Accessed 6 January 2012


© Copyright 2012 by Gail M. Walczyk

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