1689 Case - Reeve vs. Bridgewater
IntroductionHenrico County, Virginia
Record Book 2, p322
Feb Term 1689
TranscriptHenrico County Court, Feb Term 1689
M Fra Reeve plt to this Court bringing his accon agt Samll Bridgewater deft & p his peticon complaining that the sd Bridgewater being his tenant was obliged of his lease to make severall Reparacons of houses orchard &c: & soe at ye expiracon of his sd leave to leave them, wch ye sd deft hath not done to ye plt damage ten thousd pds of tob & carg to wch ye sd deft p his attor: nd Jno Everett appearing doth say that ye sd lease hath been expired ever since Novemb Ad 1688 all wch time ye plt hath been in actuall possession thereof; & that at ye sd expiracon of ye lease ye houses &c were in good repair wch was more then ye lease obliged ye tent to; & also that since ye sd expiracon he ye sd deft hath (for avoiding of trouble being not thereto obliged) built a chimney & done other works for ye plt in satisfacon for wt might be demanded; & also further pleads that noe accon for damages can lye since ye landlord by a clause of ye lease is p mitted upon ye non p formance of any ye articles on ye tenants part to enter upon ye tenant & oust him ye sd deft: & therefore craves order for a non st agt ye sd plt in this accon. All wch being p ye court consider'd & ye plt makeing none of his allegacon appear but confessing ye aforesd work to be done p ye deft And ye court also conceiving that ye landlord's re-entry was all ye penalty intended to ye tent p the lease & ye plt haveing omitted that & accepted the delivery & soe long lived upon it they have therefore granted order for a non suit to ye sd deft agt ye plt wch costs als exc.
M Fra Reeve & Samll Bridgewater haveing each of them brought an accon one agt the other for acct & makeing proof thereof by their oaths; after examinacon of each the ballance (not admitting of a Horse Cart charged at 15 in Bridgewaters acct wch M Reeve upon oath affirms to be already satisfyed for) appears to be thirty shill & eleven pence due to M Reeve, for wch judgemt is granted him agt the sd Bridgewater(for whom M Everett is attorney) wh costs als exc
Giles Webb being subp'd p Samll Bridgewater in ye differene of acct depending between him & M Fra Reeve hath order granted him agt ye sd Bridgewater for forty pds tob for one days attend according to law wh costs als exc.