Transcription
The Answer of Patrick Henry Defendant to the bill of complaint exhibited against him and others by Thomas Lomax.
This defendant now and at all times hereafter saving to himself all and all manner of benefit and advantage to the said bill of complaint and to the matters and things therein contained, for answer thereunto saith that he admits is to be true that the said complainant was justly and legally entitled for the quantity of land on Leatherwood creek stated in the said bill, viz. four fifth parts of the tract containing sixteen thousand, six hundred and fifty acres, which was originally held in common by Read and company and Lomax and company, the former being entitled to two fifths, and the latter three fifths thereof. The said Lomax father
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to the complainant was entitled under the first grant as this defendant has good reason to believe to two fifth parts of the said tract and by a deed from one Peter Copland who purchased from Read and company their part two other fifth parts were conveyed to the said Lomax the father. this defendant saith he is the more convinced that two fifth parts of the said land originally vested in the said Lomax the father besides two fifths purchased from Copland and that Messrs. Randolph, Harmer, and King ought to have one fifth part only under the alienation which Mr. Lomax father of the complainant made of two fifths of 18,1867 acres of land contained in two tracts held by the same title and in the same proportions
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by the same parties claiming the Leatherwood tract under the original grant, and because by a state of the partnership in the said lands made by the said Harmer it is most evident that Messrs. Randolph, Harmer and King have a right to one fifth only of the Leatherwood land, they having made disbursements for obtaining a title to the same in that proportion. This defendant further answering saith that he purchased from the said complainant three undivided fifth parts of the said 16,650 acres and hath fully paid for the same by parting with other lands of equal value in his opinion for the purpose of raising the money and that the said complainant acknowledged a deed of conveyance in fee simple
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with a general warranty for the same as by reference to the records of the honorable the General Court, being thereunto had may more fully and at large appear and which deed this defendant prays may be taken as part of this his answer. And this defendant further says that having made such purchases of the said lands, & being desirous to settle thereon he applied to Thomas Man Randolph esquire, the defendant, and to Mr. Martin Key the known agent or attorney for Messrs. Harmer and King, informing them of his purchase, and requested their permission for this defendant to go and settle the said lands, and to consent that such parts as he this defendant should settle might fall into the three fifths
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so as aforesaid purchased at the division, thereof; to which the said Messrs. Randolph and Key agreed as by writings from under their hands now in this defendants possession, ready to be produced, and which this defendant prays may be taken as part of this his answer, may more fully appear. And this defendant says that in order to begin the improving the said land he went to the same in person, and found it settled by a great number of people. But most of these settlers altho’ headstrong and lawless were after much altercation and trouble removed by this defendant from the land except a large number who claimed under a bond or covenant made by Mr. Lomax the father with William Tunstall
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and others for leasing 5000 acres of the said land for three lives. Under colour of which a great [strikethrough] number of people have continued to work the said land to this time, and still continue to hold the same doing it great damage and absolutely refusing to yield possession to any person. This defendant further says that he has removed his family and servants to the said land, and hath at great trouble and expense settled several plantations thereon and hopes that this honorable court will confirm his purchase of the said undivided three fifth parts of the said 16,650 acres of land, and direct that all the places he has settled and improved shall be included in the said three fifths so purchased on the division which he prays may speedily be made
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of the whole tract and that no claim of any person set up under the bond or covenant aforesaid may be suffered to operate to his prejudice in as much as this defendant positively denies having notice from any person of the said bond or covenant until after he had made his purchase of the said three undivided fifths as aforesaid, and until he had sold other lands as aforesaid, in order to raise a fund for discharging the purchase money due for the said three fifths, having given a shorter credit for the lands sold by him than what was allowed him for the aforesaid three fifths that the payment might be punctually made nor was the same recorded at the time of such purchase as
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this defendant was informed on enquiring since he heard of the same wherefore praying that he may have his said three fifths laid off to him, and that the said bond as to him may be declared void as a purchaser with out notice he prays to be hence dismissed with his costs & –.
[In Edmund Randolph’s hand]
Henrico to wit:
Sworn to before me this 18th day of June 1782 in due and usual form, I being a justice of the peace for the county aforesaid. Edm. Randolph
[In unknown hand]
Four lines and signature of Edmund Randolph – Attorney General in Washington’s Cabinet
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Henry
ads Answer
LomaxLanguage
English