Moyle v Dom. Roberts

JurisdictionEngland & Wales
Judgment Date01 January 1630
Date01 January 1630
CourtHigh Court of Chancery

English Reports Citation: 21 E.R. 776

LORD COVENTRY.

Moyle
and
Dom. Roberts

See King v. Baldwin, 1817, 2 Johns. Rep. (U. S. A.) 588.

moyle versus dom. roberts. Lord Coventry,. 5 Car. 1 [1629-30]. About 18 Years before the Bill filed, Moyle the Father became bound with one Rosecarrock in a Bond of £200 conditioned for the Payment of £100 to the Lord Roberts the Defendant at a certain Day long since past. Afterwards the Defendant purchased Lands of the said Rosecarrock to the Value of £500 which Purchase was made about four Years before Rosecarrock's Death. After his Death, the Plaintiff took out [10] Administration to him, and "being sued upon this Bond, exhibited his Bill for Relief; and in regard of the Antiquity of the Bond, and for that Rosecarrock himself was never sued in his Life-time, it was presumed that the Defendant did deduct the Debt out of the Purchase-Money, and notwithstanding there were no Proofs made...

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