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Crossle Record

Page 133

than 60 pounds. That therefrom Edward Johnston said the PLT.’s brothers and one sister, being in all six in number, had an equal title to the benefit of said lease and if he gave PLT. 60 pounds he would have to give a like sum to PLT.’s brothers and one sister, and said that 10 pounds was enough to give PLT. for his proportion thereof and soon after proposed 15 pounds for PLT.’s title, which PLT. refused. That whereupon Robert Armstrong and Thomas Anderson said they would have a bargain struck up before they parted and that Edward Johnston used several unfair means to defraud PLT. of the benefit of said lease and pretended said lands were much fallen in value and not worth the rent payable to the landlord and would soon be waste. That thereupon as Robert Armstrong took a piece of money out of Edward Johnston’s had and he (Armstrong) “spoke to y’r orator & called him cousin I said he would buy your orators interest” in said farm and offered PLT. 20 pounds, but PLT said he would not take less than 60 pounds in case PLT obtained license to sell same from there “?” under Martin Armstrong. That thereupon the Defts. allege they prevailed on PLT. to consent & that some writing should be drawn up relating to PLT.’s sale of his interest to Edward Johnston though in truth PLT. never agreed to accept less that 100 pounds the full value thereof; whereupon the Defts. allege that PLT. by surprise was prevailed upon to sign a writing relating to PLT.’s sale of his proportion of said premises, though in truth PLT. had no consideration paid to him for same, and they do also allege that PLT. was to give up his proportion on 1 May the next; and they also allege that said piece of money paid to PLT. by Robert Armstrong was in earnest on account of the transaction, although in truth if PLT. was given same it was because of a debt that Robert Armstrong owed PLT. That Defts. say they will forcibly enter upon the premises on 1 May next and will oust PLT and his tenants thereout and do pretend that PLT. owes them a debt by bill or bond, and they thereafter to commence a suit of law against PLT. on foot of said pretended writing and for pretended arrear of rent and breach of covenant. Now so it is Edward Johnston, Robert Armstrong and Thomas Anderson combine to defraud PLT. of his interest to said farm. Prays that writs may be granted against said Defts. to answer in the premises, inter alia: If PLT. was not at the time he may have signed said writing in ill health and suffering from a distemper with fever and under the care of a Chirurgeon; and also if the lease of the premises was not at same time given to the Defts.

Entered 30 April 1703.

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