The Parochial History of Cornwall, Volume 2 (of 4)
History
The Parochial History of Cornwall, Volume 2 (of 4)
Cornwall (England : County) -- History; Geology -- England -- Cornwall (County)
Thereupon Nosworthy filed his bill in chancery, prays a writ of
injunction to stop further proceedings at common law, and to be
relieved in the premises; where, after many commissions for
examination of witnesses, and hearing of the merits of the cause in
favour of Nosworthy’s title, it passed for him. The plaintiff
Trevanion thereon prays that another issue at law might be directed
out of Chancery to try this matter; which accordingly being granted,
upon the issue it again passed for the plaintiff, and afterwards, as
before, upon all hearings in Chancery it passed against him, by the
universal opinion and judgment of the Lord Chancellors and Lord
Keepers for the time being: “That it was contrary to equity and good
conscience that any person, who was only named a life on the bishop’s
lease, to the farmer of the manor, or the lives named on the farmer’s
lease, or copy of court roll, to under-tenants, without ever paying a
farthing consideration of money, should sell or carry away the
original lessee’s estate, who pays a valuable consideration for it, or
from his heirs or assigns after his death.” So that, in fine,
Nosworthy’s title was confirmed by a decree in Chancery. But, as I
said before, the cost of this controversy pro and con lasted so long,
and proved so chargeable, as was very conducing to the ruin of both
those gentlemen’s estates, (vide Cargoll in Newland,) Nosworthy
absconding into Holland, and Trevanion procuring himself to be made
one of the Poor Knights of Windsor.
Public-domain text, read in full here on John Shaqi.
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