Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 20 Decembris.
Message from H. C. with a Bill.
Who brought up a Bill, intituled, "An Act for granting an Aid to Her Majesty, by a Land Tax, to be raised in the Year One Thousand Seven Hundred and Six;" to which they desire the Concurrence of this House.
Lord Tax Bill.
Message from H. C. to return Chute's Bill.
To return the Bill, intituled, "An Act for Sale of the Estate late of Thomas Chute Esquire, in the County of Warwick; and laying out the Monies arising thereby in the Purchase of other Lands and Hereditaments, in the County of Norfolke, to be settled to the same Uses as the Warwickshire Estate stands settled;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Marbury et al. versus Torbuck et al.
After hearing Counsel, this Day, at the Bar, upon the Petition and Appeal of Katherine Marbury Spinster, Benjamine Woodroffe Doctor in Divinity and Mary his Wife, Gilbert Thacker Esquire and Elizabeth his Wife, which said Katherine, Mary, and Elizabeth, are the Sisters and Coheirs of William and Richard Marbury, late of Marbury, in the County of Chester, Esquire, deceased, from a Decree made in the Court of Chancery, the Thirteenth Day of August One Thousand Seven Hundred and One, on the Behalf of George Torbuck and others, Mortgagees and Bond and Simple Contract Creditors of the said William Marbury, who contended for Sale of the Estate in Question; as also upon the several Answers of Sir Roger Hill, Sir Streynsham Master, Cecilia Fyennes, and Elizabeth Horsey, Respondents, by the Denomination of Mortgagees; the Answer of Francis Painter, Richard Spour Executor of William Noy deceased, Anne Andrews, Nathaniel Hodges Administrator of John Couch deceased, John Isherwood, Creditors by Bond of William Marbury, late of Marbury, in the County of Chester, Esquire, deceased; the Answers of Thomas Frith, Samuel Minshall, Robert Naylor Executor of Peter Downhall, Thomas Birkinhead, Administrator of John Birkinhead, John Torbuck and Deborah Torbuck Executors of George Torbuck deceased, and Richard Smith Executor of John Worrall deceased; and also the Answer of Richard Earl Rivers, put in thereunto; and due Consideration had of what was offered thereupon:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Katherine Marbury Spinster, Benjamine Woodroffe Doctor in Divinity and Mary his Wife, Gilbert Thacker Esquire and Elizabeth his Wife, shall be, and is hereby, dismissed this House; and that the Decree of the Thirteenth Day of August One Thousand Seven Hundred and One, therein complained of, shall be, and is hereby, affirmed; so far as it relates to the Sale of the Estate in Question, and without Prejudice to any of the subsequent Orders or Proceedings in the Court of Chancery in this Case.