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August 14th. 1690 (168) - - - - - - - - - The whole proceedings Between the sd mr Jones and Perkins being referred to the Court The Court finds it to be no cause of action . Wm: Venables sworne for plt. Ordr 13. dayes. Elizabeth Smith formerly Ordered to Capt. Samuel: Shewell; is now Ordered by the Court to her Sister Mary Innis with her Estate. Lawrence: Crawford. Plt. Somerset County Ssc. Jonathan Towers of this County Cooper was agt. Sumoned to answer unto Mr. Lawrence Crawford of the same County Jonathan: Towers. Defdt Gent. in a plea of trespass upon the Case - - - - - - - - - - And whereupon the plt by James: Sangster his Attorney Comes and sayes that mr John: White late of this County deceased and predecessor to the plt did Lett a Certain Plantation Called Newport pannel, on certain Articles between the sd defendt and the said White deceased, where it was Concluded and agreed that what hoggs was or should be raised upon the said Plantation by the defendt, should run in a joynt stock between them, and at the expiration of four years to be equally shared, Now the said plt by his intermarriage with the Extrx and Admrx of the sd Estate hath parted what hoggs did give him an accompt of but the said plt doth find, and here in Court by Evidence doth make it appear that the sd Jonathan defendt hath Clandestinly and Craftily Sold and disposed of five hoggs, to viz One Sow & four Barrows and for them hath recd satisfaction, without the knowledge or Consent of the plt, with a firme and Setled purpose to defraud the plt of the same. wherefore the plt sayes he is damnified and hath losse to the value of Sixteen hundred pounds of tobacco and hereupon brings his suit Sangster pr Quer. pled de pr sois. {Jon Doe Rich:Roe.} Jones Attorney pr defdt. Declaration being Read, and Issue joynd, the matter being referred to a Jury. which Jury was legally impannelled and duely Sworne, which names are as followeth. Viz. John: Bozman Wm: Robbinson John. Downs. Alexander Thomas. Moses ffainton. Robert:Polk. Ralph:Milbourne.Samuel:Shewel. John Tarr. William:Bozman . Matthew: Scarbrough. Thomas Oxford: who having the whole matter rightly undrstood as also hear four Evidences Sworne for the plt. having recd their Charge goes forth - - - - - And being returned do bring in this following verdict (viz) We the Jurors do find for the plt, damages four hundred pounds of tobacco with Cost of suit. Given in by. John: Bozman foreman. Ordr. to enter ye verdict - Order (17.) dayes pay to Anthony Jones, being an Evidence for Lawrence Crawford plt. agt Jona. Towers deft Order. 25) dayes to David Layhay upon ditto for attendance Order. 14) dayes. to Griffin Morris upon ditto for attendance. } these 3 orders granted wthout Petion Sworne to pr all S. To the worll. Comrs of Somerset County Court, the humble Petion of William. Turvile. humbly sheweth. That whereas John: Jones of this County was posessed by way of Admrn with the Orphant and Estate of Thomas Proffit of this County deceased And the sd Jones having lately absented himselfe out of this County and some time before his going away did leave the said Orphant in your petioners posession, with request to your petioner that he would endeavour to learn the said Orphant to read with your Petioners Children, and your petioner understanding that John: Tarr of this County who marryed the Relict of the said Proffitt, notwithstanding having disposest him Selfe of his Wifes right of the said lands doth and will endeavour to draw the sd Orphant your petioners hands, Therefore your Petioner humbly craves that he may have the Guardianship of ye sd Orphant what estate is left as being posessed with him allready, and your petioner shall give yor worps.Such Bond wth Security as your Worps shall reasonable require for the performance of Such injunctions as your worps shall lay on your |
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Somerset County Judicial Records, 1689-1690
| Volume 106, Page 168 View pdf image |
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