The case of Thomas Sherley Esq. one of His Majesties physitians in ordinary, Plaintiff, against Sir John Fagg, Baronet, defendant

The case of Thomas Sherley Esq. one of His Majesties physitians in ordinary, Plaintiff, against Sir John Fagg, Baronet, defendant

Table of contents

Sir Thomas Sherley of Wiston in the County of Sussex, was great Grandfather to the Plaintiff. He had issue.

The Case of Thomas Sherley Esq one of his Majesties Physitians in Ordinary.

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Sir Thomas Sherley of Wiston in the County of Sussex, was great Grandfather to the Plaintiff. He had issue.

Three Sons.

Second Sir Anthony Sherley, the Plantiffs great Uncle: He dyed without issue.

First Sir Thomas Sherley his eldest Son, (the Plantiffs Grandfather▪) He had issue. Two Sons

First Henry Sherley the Plantiffs Uncle, he dyed without issue in the life of his Father.

Second Thomas Sherley, afterwards Sir Thomas Sherley the Plantiffs Father. He had issue.

Thmas Sherley who is the Plantiff.

Third Sir Robert Sherley the Plantiffs great Uncle. He dyed without issue

The Case of Thomas Sherley Esq one of his Majesties Physitians in Ordinary.

SIR Thomas Sherley the Elder, the Plantiffs great Grandfather was seized in Fee of the Mannor of Wiston, and divers other Mannors and Lands in the County of Sussex, to the yearly value of more then three thousand pounds. The said Sir Thomas Sherly half a year before his Death, did by Indenture bearing date the 29 Novemberis, nono Iacobi. Settle the said Mannors upon himself and Dame Anne his Wife during their lives, and after their Decease to Sir Thomas Sherley his Eldest Son the Plantiffs Grandfather for Life, and after his Decease to Henry Sherley the Plantiffs Uncle for Life, and after his Decease to the Sons of the said Henry successively in Tayl male; And for default of such issue to Thomas Sherley afterwards Sir Thomas Sherley the Plantiffs Father (and Brother to the said Henry) for Life, and after his Decease to the first, second, third, and fourth sons, &c. of the said Thomas in Tayl male; And the Plantiff as only son of the said Thomas, by vertue of the said Settlement is alone entitled to the said Estate.

But divers Persons having got into Possession of the said Mannors are combined together to defraud the Plantiff and especially one Sir Iohn Fagg, who is got into possession of the chief Mannor, and a house that cost three and thirty thousand Pound building, as the Plantiff is informed, and several Lands and Tenements, to the value of Eight hundred Pound per annum: As the Plantiff verily believes And also for ten pounds in Money, and a Horse or Mare, worth six: Hath gotten into his Custody by the delivery of one Francis Whatker, the said Deed of Settlement, without which the Plaintiff cannot recover his Estate from the said Sir Iohn Fagg, nor other Lands contained in the said Settlement.

The Plaintiff hath sued Sir Iohn Fagg by English Bill, in the High Court of Chancery for discovery of the said Deed, to which he put in a Plea to the said Bill before the then Lord Chancellor: the Substance whereof is only that he is a purchaser of the said House and Lands, for the Consideration of Six thousand Eight hundred pounds; which he calls a valuable Consideration, though in truth he derives no Title from any of the Plaintiff's Ancestors, nor denyes notice of the Plantiff's Title. And yet the said Plea being argued the Court allowed of the same, and dismissed the Plantiff's Bill out of Chancery, which dismission is signed and Inrolled, whereby the Plantiff is Ruined, and left without remedy either at Law or Equity, to recover his estate of three thousand pound Per Annum; gotten from him as a foresaid, without any manner of Consideration either to him or any of his Ancestors under whom the Plantiff claims. And for want of the said Deed, the Plantiff hath no way to obtain relief, or compel the said Sir Iohn Fagg, to produce the said Settlement without his Address to the Right Honourable the house of Lords, the supream Court of Equity.

Now the said Decree of Dismission of the Plantiffs Bill out of Chancery being very Erroneous, and the matter of Fact being mistated and there being many Errours in Fact in the said proceedings for which the said Decree and Order of Dismission ought to be reversed, and as the Case stands the Plantiff cannot maintain or assign any Bill of Reveiw for the same in the Court of Chancery according to the strict Rules of that Court the Plantiff hath therefore by Petition Appealed from the said Decree and Order of dismission to the Right Honourable the House of Lords where he hopeth the same will be examined and Revers'd

The substance of the Plantiffs desires are, that their Lordships would be pleased to cause the said Deed of settlement to be produced before them and restored to the Plantiff, and to do him what further Justice their Lordships in their great Wisdom shall think fit; to which the Plantiff submits both himself and cause.

Thomas Sherley

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Information about this book

Title statement

The case of Thomas Sherley Esq. one of His Majesties physitians in ordinary, Plaintiff, against Sir John Fagg, Baronet, defendant

Sherley, Thomas, 1638-1678, plaintiff.

Edition statement

1678

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2003-07 (EEBO-TCP Phase 1).

ID [DLPS]

A31197

ID [STC]

Wing C1190

ID [STC]

ESTC R3489

ID [EEBO-CITATION]

12245486

ID [OCLC]

ocm 12245486

ID [VID]

56923

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Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A31197)

Transcribed from: (Early English Books Online ; image set 56923)

Images scanned from microfilm: (Early English books, 1641-1700 ; 623:20)

Source

— The case of Thomas Sherley Esq. one of His Majesties physitians in ordinary, Plaintiff, against Sir John Fagg, Baronet, defendant, Sherley, Thomas, 1638-1678, plaintiff..

Extent

1 sheet ([2] p.)

s.n.,. [S.l. :: 1678]. (Cover title.) (Reproduction of original in Bodleian Library.)

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