Nicholls v. Spry
This text of 2 Rec. Co. Ct. 569 (Nicholls v. Spry) is published on Counsel Stack Legal Research, covering New York County Court, Suffolk County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
John Nicholls the onely Sonn & heire of Mordecai Nicholls late of Boston decd plaint. agt John Spry & Andrew Clarke Defendts in an action of the case for witholding houseing & land from him which were formerly Mordecai Nicholls his, & being by order of a County Court at Boston 1664 setled on him & secured from him the saide John Nicholls untill hee comes of age as a part of his portion & also [570]*570by a Covenant or agreement before marriage between his late Mother Alice Nicholls & mr Thomas Clarke late of Plimouth therein the sd houseing & land is reserved for the sd John Nicholls to enjoy & possess at the age of twenty one yeares with the profits & all just damages according to Attachmt Dat. aprill: 21° 1675. . . . The Jury . . . founde for the plaint. the possession of the houseing & land Sued for or to pay Four hundred pounds in mony & costs of Court. Andrew Clarke appealed from this Judgemt unto the next Court of Assistants & himselfe principall in £: 800 & Anth° Checkley & Jn° Sandys Sureties in £:400 apeice acknowledged themselues respectiuely bound to . . . prosecute his Appeale . . .
[ An outgrowth of the case of Clarke v. Nicholls, above, pp. 5-9. The Court of Assistants (Records, i. 47) heard the appeal and confirmed the former judgment, awarding Nichols 41s 6d costs.]
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