1689 Case - Reeve vs. Bridgewater
Introduction
Henrico County, VirginiaRecord Book 2, p322
Feb Term 1689
Transcript
Henrico County Court, Feb Term 1689M 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.