|
Minutes of H. M. Council, 1720-1742. |
347 |
|
|
And to his being Disturbed in the possession of his said Estate, as sett forth in his Petition, he produced two Certificates the One Signed by James Le Blanc the 10th May 1736, & the other by Peter Brosard & Witnessed by Peter Babin the 20th, of Said Month [440]
|
|
|
|
The Partys being thereupon Called & the Deffendants Attorney Examined & heard, what he had to Offer in behalf of his Client to what the Plaintiff had sett forth; desiring that his Petition & his other papers might be also read & Considered.
|
|
|
|
His Petition Signifying that the Plantiff had Misrepresented things &ca & that having brought Such papers as would Support his Allegations, & his Constituents right to the Lands in Dispute, The said Petition being Read, his other papers (which were only a power of Attorney from Charles Duron his father in Law, & an Agreement made by the Plantiff & Deffendt dated the 11th June 1735 to stand to the Determination of Peter Le Blanc Bernard D'aigre & John Doucett three of the Deputys whom they had chosen to be Arbitrators, under the Penalty of One hundred Livers, with the Opinion of the said Arbitrators thereon & thereunto Annexed) were also read
|
|
|
|
Which Opinion of the said Arbitrators being with the same date of the Party's Act of Submission giving it in favour of the Deffendt reference being therein made to the Declaration of Peter Vincent Deceased & other Certificates which at this time doth not Appear, that it was Charles Duron the Deffendt & not John Duron his ffather Deceased, That purchased the Land now in Dispute as by said Certificates Appeared to them, & the Deffendts readiness to make Oath, that he & not his ffather was the Purchaser, & that the bill of Sale which is burn'd, was in his own Name & not in his ffathers; Yet notwithstanding of this their Opinion, they referring it to a Court of greater Authority to Decide their Difference without any regard to be had to the Penalty aforesaid
|
|
|
|