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Minutes of H. M. Council, 1720-1742. |
247 |
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Date thereof, Chosen to abandon the Province & who had Retired themselves elsewhere: As by these Words of the said Letter; Or to sell the same if they Shall rather Chuse to Remove themselves Else where; And as Mr And Mrs Cahouett Did Retire as aforesaid, And Received as it is said a Valuable Consideration for their said house and Land, The Board are Unanimously of Opinion That they and their Heirs have therefore no manner of Right to the said house and Land; And that Consequently Mr Winnietts Pretentions (as derived from the Said [306] Said Cahouett) to the aforesaid house and Gardens Are of No force
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As to what Mr Joseph Jennings setts forth, its the Opinion of the Board That if his Allegations Were Supported with full proof, his Right would be Indisputable; But Seeiing he has Lost his Deed of Sale Made by Said Cahouett to him for said house And Ground, Recourse was therefore had to Matters of ffact & Other Circumstances to form An Impartial Judgement thereon; And Upon Examination, it was Generally Allow'd That Mr Jennings was the first possessor After Cahouett left the Province, And that Governor Vetch Consented to the Same in Consideration of a Sum alleadged to be Thirty pounds New-England Money paid by the said Jennings to the said Cahouett as is sett forth in his Memorial When the highest Exchange Was only About fifty per Ct And that When Mr Winniett was Admitted to live in said house, Which he Afterwards Claimd by Virtue of his Aforesaid Papers, Or his Wifes Relation to Mrs Cahouett; It seems only to have been for the Conveniency of his Bussiness in supplying the Garrison with Wood, And that even Mr Jennings's Consent for that purpose Was Ask'd by the Governor himself; And that although Mr Winniett kept possession of the house when Mr Jennings was Oblidged to Retire to the ffort [307] Fort With his Effects for fear of the Indians, Yet upon Governor Vetch's Returne from Boston, he Oblidged him to Quitt it to Mr Jennings Whom he put in possession, Which with a Copy, Said to be, of his Letter from Boston Dated the 20 th November 1711 Wherein he Calls the house
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