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March Court Anno
1730
53 we therefore require you or any three or two of you at some time and place as to you or any three or two of you shall seeme Convenient you meet on the afd Land Called mount Ephraim you first having taken your oath on the holy Evangelist of almighty god According to act of assembly in such Case made and provided and there Cause to Come before you or any three or two of you all such Evidences as Shall be to you or any three or two of you Nominated by the Said Complanant (or def.t if any) and that you or any three or two of you Examine them upon their Corporall oaths to be by you or any three or two of you administred on the holy Evangelist of almight god in the presents of ye Complainent (or def.t if any) touching the truth or remembrances of their knowledge or any thing that may relate to the Cause af.d and that reduceing the Severall depositions into writing you said the same together with this One Commissions under your or any three or two of your hands to us to our County Court of Somrset with all Convenient speed wittness Samuel Hopkins Gent Cheif Justices of our said Co.t ye 22.d day of august in the 16.th Year of our Dominion &.c one thousand Seven hundred and thirty On the back side of the foregoing Commission it was Endorsed and Likewise to the same Commission it was annexed as followeth viz.t Two of the Within Commissioners viz.t James ^Martin & James Rownd was qualified in Relation to ye within Com.rn this 18.th day of 7.br 1730 before me Sa Hopkins In Obedience to a Preciept hereunto Annexed we James Martin and James Rownd having given due Notice we mett the twenty Eight day of September one thousand Seven hundred and Thirty on that tract of Land Called Mount Ephraim) & in the presents of the Complainent Thomas Purnal Def.t Came Charles Godfrey for the Complainent an Evidence aged Sixty Nine years or thereabouts and being Sworn Saith that at a Little Gully Issuing out of the gut or Beaver dams with a spring at ye head of the said Gully opposite to a peach orchard of Adam Spences that Capt Shewel fifty odd years agoe was there a building a water mill and Robert Richardson forwarn'd the said Shewell upon which the declined building and further saith not also Adam Spence Jun.r an Evidence aged about thirty two years and being sworn saith that he was on the other side of the said gut or Beaver dam near opposite to where ye Last deponant delared to witt Charles Richard^son^ Sen.r and the said Richardson pointed over to the North west side of the said Gut or dam to a point of Land and to ye s.d Spence that there stood and line tree of Mount Ephraim and that Cap.t Shewell fell ye s.d tree for a Shaft for his will and the s.d spences wife told him that her Unkle Shewel was about to build a water mill there and further saith not Also James Stevenson an Evidence aged about fifty years and being Sworn Saith that about twenty years agon that a little Lower down ye dams from the Gully where Godfrey declared to which said Gully is the Second Gully from the Mouth of the Creek or dams being about four hundred paces ^from^ for the said Creek Mouth that a little Lower down from ye said Gully was a beaver dam and the said James Stevenson further saith and ^that^ about thirty Eight years agon he heard Martin Curtis tell James dunkin a Tenant on smiths Choice y.t if a Line was run Straight from ye Creeks Mouth which said Creek mouth was then forty two paces up ye bay than whose it is now with some flags growing at the mouth but now sand and mouth ye said Curtis told ye s.d dunkin y.t if Richardsons Line was Run Sraight from thence that it wo'd go Near to take ye s.d Dunkins kitchin and further advised him not to Clear by ye s.d old field up the dams about ye Plantation & further saith not Also Moses Allexander an Evidence aged about thirty three years and being Sworn saith that he heard his wife enquire of William Denston Concerning the bounds of Richardson Land & he told her that he helped to Improve Smiths Choice and that ye Said Smith told ye said Denston y.t ye mouth of the Creek was ye Bounder of RIchardson Land and y.t thirty odd years agon ye said Creek by a gust Slutted about Twenty yards to the Southward of when it formerly was and further saith not Also James Bratton an Evidence aged about forty six and being Sworn saith that about twenty six years agon he then used to catch Beavers in the place which now is a Small Creek or gut and that then it was beaver dams and y.t about three hundred and sixty paces from ye s.d Creek mouth up ye s.d Creek was one dam where he Catch beavers and higher up was two or three more dames where he catch Beavers and further saith y.t his father James Bratton was about to Rent ye s.d Smith Choice of Cornelias Ennis and that he afford to possess him as far as ye abovesaid Creeks mouth says the deponants Father how shall I Inclose a Calf pasture along ye dams to Include the two Coves of Marsh at the Creek Mouths says Ennis no body has been Interrupted heretofore and I Suppose you wont and by pmission I Believe it will be no harm and further saith not Also William bratton an Evidence aged about thirty nine years & being sworn saith that about tenn years agon he was about to Rent that Plntaion where Robert Richardson now lives of his Father Cha by Richardson & going up ye Creek on y.t side where ye s.d Robert Richardson now lives ye s.d Charles Richardson had ye s.d Bratton ye Conveniencies of ye place and with all told him that at that point of high Land whose ye adam spence declared to stood a Bound.r on Line tree of his Land Called mount Ephraim & further saith not and further upon the first day of october 1730 ye s.d Quinton Bratton and Thomas Purnall both being present did setle appont & agree y.t ye first Bound.r of ye af.d Mount Ephraim Sho'ld begin at the af.d Point of Land whose ye s.d spence declared to about Eighty foot above a water hole there and accordingly they fixt a Ceeder post and there it stands But Jos.h Scofield pleaded y.t he did not know of ye Notice being set up in order to Settle ye Bounds of Mount Ephraim & upon information he defend to be Enterd Defend.t also and Accordingly on the third day of December 1730 we met on the afd Land where Came Adam Spence Sen.r an Evidence for the def.t aged about Seventy Years and Being sworn on the holy Evangelist of Allmighty god Saith y.t he was one of the Jury upon the said Land which said Jury was Called on account of James Bratton dec.d in order to settle ye bounds of the s.d Land and that upon some point of Land on the North West side of a beavour Dam then the said deponient with the rest of the Jury did ma^r^ke a tree as a line tree but upon what point of Land he can't now rememb.r and further saith not also Jn.o Bishop Sen.r an Evidence aged about fifty four and being sworn on the holy Evangelist of almighty god saith that he was also one of ye Jury for Settling ye bounds of Mount Ephraim & Robert Pony was an Evidence to the Jury and at y.t time told ye s.d Bishop that he was about to buy that Land where Quinton Bratton now lives of William Richardson & ye s.d Richardson came with ye s.d Pony & shewed ye s.d Pony how ye Land run down and he brought him down to the dames as Low as a Slash & how mental Lower down ye dams he Could not tell and further the said Bishop as one of ye Jury did agree to Mark a line tree as a begining Line tree of the Said Mount Ephraim after they had come over dames and Beavour Dams which said line tree is now gone but then did Stand on |
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Somerset County Judicial Records, 1730-1733
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