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Proceedings of the Provincial Court, 1658-1662
Volume 41, Page 74   View pdf image (33K)
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74 Provincial Court Proceedings, 1658.

Liber
P. C. R.
1658
April 29
Evans v.
Gerrard

Thursday 29o Aprilis, 1658

All Pnet as yesterday (Except Mr Nathaniel Vtye.)
To the honble Josias ffendall Esqr Leiutent & Gour of Maryland.

The humble Petn of Willm Euans.
Sheweth.
That about two yeares agoe, One Anne Browne possessed Certaine
cattle in her life time & lyued in yor Pet" howse, Wch sd cattle, the sd
Anne did lett out to her father in Law, But the sd Anne comming
to dye, distributed all her sd cattle to diuers persons as Legacies, as
by her will appeareth, Amongst wch shee bequeathed One Cow, and
her encrease to yor Petrs wife, Wch Cow being then att her foresd
father in Laws plantaon & on Mr Gerard Mannoe The sd Mr Gerard
hath wrongfully taken tht sd Cow, as his owne, & still deteynes the
same from yr sd Petr & his Wife, Making diuers strange pretences,
& allegaons both of the marke & other; whereby to wrest the same
to his owne use & warrant the Detineu thereof, Neyther could yor
Petr euer bring the sd Mr Gerard to any Legall tryall therein, Hee

P. 39

still making some euasion or other, for to iustify his not appearing:
wch hath putt yor Pef to much costs, charge, and dammage, Agst all
wch pretended allegaons of Mr Gerard, yor Petr by diuers Oathes
formerly taken concerning tht peticular Beast, is ready to produce the
same, Prouing & confirming yor Petrs iust Right & Tytle therto, in
behalfe of his sd Wife, The premises considered, yor Petr humbly
Craueth tht hee may bee possessed wth the sd Cow & her encrease, &
allowed for his Costs & hinderance therein, according to the usuall
presidents of this prouince & hee shall euer pray &c :
Uppon the Petn of Capt Willm Euans, agst Thomas Gerard Esqr
concerning his the sd Gerards deteyning a Cow, & her encrease wch
the Petr sayth doth belong unto him, on the behalafe of his Wife,
Thomas Gerard deft in answere sayth, That he fownd a Cow in the
myre & pulling her out & veiwing the mark, he fownd the shee was
marked wth his mark, & thereuppon deteyneth her-hauing formerly
lost some cattle, & about the Age of tht Cow, And wth all, threw
downe uppon the Table both the Cowes eares, & the eares of a swine,
cutt of, for the Court to iudge of the resemblance & neareness of
both marks.

Vide De-
posns supra
Pp. 16 & 17

The Deposns being reueiwed & read in open Court & the euidences
appearing cleare, The Opinion & Judgmt of the Court is, That the
marks are not directly the same, & That the Cow in dispute is Capt
Euans Cow, It is thereuppon Ordered That the Cow, now in dispute
as a-foresd wth her encerease be to the sd Capt Euans.
As to the Costs & dammages The Petr Craueth a Jury to consider
thereon, wch was graunted.
In the meane time the Gouernor adiorned the Court for a while
warrt to the Sheriffe to empanell a Jury of 12 men wthout delay.



 
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Proceedings of the Provincial Court, 1658-1662
Volume 41, Page 74   View pdf image (33K)
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