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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
Volume 10, Page 274   View pdf image (33K)
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            274 Court and Testamentary Business, 1650 53.




         Liber B.   Report to the Court as followeth The Report of the Jury in the

               Cause now depending between Robert Taylor plte and Robert

               Brooke Esq defendant, We find that those hogs killed by mr

               Brooks or his appointment was not the marke of Robert

               Taylor pperly Speaking because of the want of the hole in

               those hogs which mr Brookes killed which all the Wittnesses

               Say that there was none, neither doe they Nominate or Sig-

               nifie any Starr to have been under the Square. But upon further

               debate of the matter in question The Court not thinking fitt for

               the present to ground any determinate Order upon this Report

               of the Jury but conceiving upon the whole matter that the plte

               might have Just Cause or reliefe in Equity thoughe the marke

               did not Exactly appeare to be his, which might perhaps be

               occasioned by Some oversight or Mangling or defaceing of the

               Eares of which there was Something now hinted, And the

               Court being Satisfied that the hogs killed were none of the

               defts and conceiving that Some other Evidence might appeare

               for the better Clearing of the Busieness to the Court, doth

               Upon the pltes motion respite the further hearing of this

               Cause till October Court next, and both parties are then to

               attend the Court for that purpose.


                      Robert Taylor plte. Robert Brooke Esq deft

                 John Hambleton maketh Oath that within few dayes after

               the Court in March last he this depont desired the pite Taylors

               Servants to bring the Compltes hoggs to his Dwelling house

               at Putuxent and to Catch Some of them and two of them were

               Catched accordingly the Eares of wch he tooke a full View of,

          p. 458    and found about the Middle of one of the hogs Eares a hollow

                      Starr, which had formerly as this Deponent conceiveth been a

                      hole and further deposeth not.—

                      Sworne in open Court 8 Junij 1653 Tho: Hatton


                 Aprill 23th 1653. According to an Order of a Provinciall

               Court enjoining us Ismaell wright, John Taylor and Phillip

               Harwood to view the marks of the hogs of Robert Taylor how

               near they doe agree with the marks of Some hogs killed at the

               plantacon of Robert Brooke Esq (which marks we have for-

               merly Sworne unto) We the parties abovesaid haveing Viewed

               the markes of Such hogs as the Said Taylor did Shew unto us,

               doe testify that the marks of the Said hogs and Cattell which

               the Said Taylor did Shew unto us is the Very Same that those

               hogs were of which was killed at mr Brooks plantation (as we

               have formerly Sworne unto) Onely we doe find that there is a

               hole in the left Eare under the Square more then was in those

               hogs wch was killed at mr Brookes his plantation, And further

               we doe Testify that we tooke into our hands a pig which was


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Judicial and Testamentary Business of the Provincial Court, 1649/50-1657
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