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( 173 ) 8ber ye Second 1691 - - - - - - - - - - - At a County Court of Adjournment held the Second day of October by their Maties Justices Anno Dom 1691 - - - - - - Comrs Present Coll. David. Browne. mr. ffrancis: Jenckins. Majr. Robert King. mr James. Dashiels mr.Ja:Round in Court were mr Samuel: Hopkins. mr. George Layfield. Capt. John: King - - Justices - - - - - - - Ordered By this Court that the Cryer of the Court viz George Noble, attend upon the Comissioners, at mr Andrew Whittingtons on Court dayes, each night till eight of ye Clock. - - - - - - - - - - - - - - - - - - Mr. James: Round Plt. Somerset County Ss. Contra Robert: Howard of this County was attached to answer unto James Round Gentlmn Robert: Howard. Dft. of a plea of trespass upon the Case, and whereupon the sd James by Peter Dent his - - - - - - - - - - - - - - Attorney, Complains that whereas the sd Robert the Last Sumer, being in the year of our Lord God 1690. at the SeaSide within the Jurisdiction of this Court, a Certain tract of Land belonging to the said James did enter, and Several timber & timber like trees contrary to warning by the said James to the sd Robert before that time given, did Cutt down and fall and a Certain fence upon the said Land did Sett up whereby the sd James is utterly debarred of the profitts & benefitts of Sd Land, and hath also lost the sale of the sd Land whereupon the said James Saith he hath damage and is worse to the value of Tenn thousand pounds of tobacco and thereof he brings his Suit &c. Dent pr Quer. Pleg &c. Jno. Doe Rich: Roe The Defendt Comes and defends the force and injury and Saith that the deft hath not trespassed upon the Land of the plt, and is without the Jurisdiction of this Court, and thereupon pleads it in Barr of the action: J.Sa. And the plt Saith the dft hath trespassed as is alleadged in the decl. and that it is within the Jurisdiction of this Court. Dent pr plt. And the Deft replyes that this Court Cannot try the title of the Land which the plt alleadgeth the trespass is done, and the Law presumeth that no man will injure himselfe J. Sangster - - - - - - - - - - - - - - - - - - - The Deposition of John: Smock Aged fourty Six years and John Emmett Aged about fourty four Saith that about Sixteen years Since we with mr ffrancis Jenckins who was then Surveyor of Somerset County, and him did assist in Laying out a prcell of Land then Called Parsons Island then laid out for 400 Acres, but Since in the Pattent Called ffishing harbour lying and being a litle to the Northward of St. Martins River mouth, the first bounder thereof was on a Small Oyster shell bank at y mouth of a Creek called Parsons Creek, Northwest from a point on the Bayside, from thence runing Northwest for length and for breadth Southwest in wittness whereof we have hereunto Sett our hands June the 12th. 1691. John: Smocke Sworne to in Open Court by the Deponents this. 2d. day of 8ber 1691. John: Emmett. Bd Sumd for plt Jno Smock The totall proceedings Being left to the judgment of this Court, do find it not in their Jurisdiction to try yd matter Emmett Walker Teague: Riggen. Plt. Maryland Somerset County Ss. Contra: mr. Henry Lynch late of this County Mercht. was attached to answer unto Teague Henry: Lynch: Mercht.Dft. Riggen in an action of the Case. - - - - - - - - - - - - - - - - And whereupon the plt by Edward Jones his Attorney Saith that the dft in the Month of November or thereabouts in the year of our Lord 1688. then did promise & assume upon himself to pay unto the plte 830 pounds of tobacco for provision delivered to Robert Lynch Brother to the deft as doth appear ( ) |
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Somerset County Judicial Records, 1690-1691
| Volume 191, Page 173 View pdf image (33K) |
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