Volume 10, Page 274 View pdf image (33K) |
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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Volume 10, Page 274 View pdf image (33K) |
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