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Crossle Record

Page 171

there will be enough assets to pay same. That Plt. has received two letters one from Mathew Dent and Joseph Johnston, persons living in England (who are unknown to Plt.) who hearing that Plt. is exor to Crosier do claim a considerable debt due to them by Crosier and threaten to sue Plt. for same. Yet so it is said Jane Johnston has of late filed her bill in this Hon. Court agst Plt. for her legacy; and also Deft. Rowland Betty threatens to do the like, although they both well know they are already over paid their respective legacies by such goods as they have in their custody which did belong to John Crosier, decsd. That in as much they have possessed themselves of some of the goods belonging to John Crosier, decsd, unknown to Plt. to the value of £100 and upwards, consisting of plate, money, lands and securities for money, coin &c, farm stock &c, they combine together and refuse to account to Plt. for same. Prays that writs may be g/d agst Jane Johnston and Rowland Betty to answer in the premises. Bill entered 10 Nov 1712.

Samuel Johnston, Plt. John Bettie, Rowland Bettie and James Johnston, Dfts.
Bill 30 June 1709 Ans Rowland Betty 3 Nov 1709. Ans John Bettie 17 Nov 1709.
Rep,n 26 Nov 1709. Rej 2 Feb 1709 [-10]

Plaintiff Samuel Johnston of Brenane, parish of Maghericullmony, co. Fermanagh, sheweth that Plt. being seized of the tate of land called Tullycalrick, situate in the manor of Castle-Hassett, co. Fermanagh, by virtue of a fee farm deed under Henry Blenerhasset, Esq., at £5-12/- rent and that Henry Blenerhasset died in 1686 leaving the fee farm rent of said land settled upon his widow as her jointure. That in 1686 Plt. happened to be in arrear to Henry Blenerhasset’s widow one Pheby Blenerhasset in £10 and John Bettie, being the Agent or Manager for Pheby Blenerhasset in 1692 agreed with Plt. concerning said arrear of £10, whereby he expressed menacing words that if Plt. was not able to pay same Plt. would find the disadvantage of it. That John Bettie earnestly entreated Plt. to convey the lands to him (Bettie) till Plt. could pay said arrears, and that as soon as said £10 was paid John Bettie would re-assign the lands to Plt. That Plt. relying upon the promises and integrity of John Bettie complied therewith, provided John Bettie would execute a bond in the penalty £100 to Plt. to keep his promise that Bettie would restore the lands to Plt., which bond Bettie promised to execute. That John Bettie accordingly drew up a deed in writing by which Plt. was to convey said lands to him as aforesaid in order to be signed by Plt. That Plt. refused to execute said deed till the bond was perfected as aforesaid; but not long after Plt. was prevailed upon by the insinuations of Bettie to sign same; but Bettie has never perfected the bond and has ever since entered upon and possesses said lands. That in 1699 one John Johnston son to Plt. tendered to John Bettie said £10 in order to clear off

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