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(155) Repaired to ye said Land where we found M.r Richard Chambers and a Certain Anthony More and the said Capt John King But Coll Charles Ballard and I ye Depon.t Not haveing a Commission Out of Chancery for Examining Evidences to that Purpose would not Take them Unless by Mutuall Consent of the said Capt John King and Mr Upshur King But ye said M.r Uphsher King Not Being Willing wee Desisted therefrom Much to ye regrett of the said Capt John King however ye Said Capt John King Told us that M.r Richard Chambers was Very Old & in all propability Could not Live Long wherefore Desired us to goe with him & the said Anthony Moore to ye Place & heare what they Could say Concerning ye said Bounder which we Did Accordingly & Mr Upsher King along with us when haveing Brought us to ^a^ point of Land behind ye Cornfield Opposite to ye Old wadeing place over the Mill Branch as they Told us they say^e^d that on the ^that^ point ye first Bounder stood But Could Not Tell positively which was ye Fall it Being Either fallen Down or rotten Or Else Cut Down there being sundery stumps of Trees on ye said Point Mr Richard Chambers said he Very well Knew the tree that was the first Bounder But Could Not Justly Tell ye Very Spot it stood upon the said point Being almost Cleared But that it ^stood^ said upon the That point opposit to the old wad^e^ing Place and haveing haveing asked M.r Anthony Moore More how he Came to Know the said Bounder he told us that his Master Mr Andrew Whittington Told him that he ^the^ first Bounder of a Certain Tract of Land of Land of his stood on a point of Land Oppositt ye old wadeing place over ye mill branch Between him and Capt John King Deceased and that there stood a Great Grape Vine ^Just^ Just by it But that he Could not remember about what sort of Tree it was and haveing heard what they Could say we asked Mr Upshur King again if we should Take their Depositions who said he was Not willing then ye said Capt John King made answer and said Brother Lett us not Disagree But Chuse what place of the point you please where the Bounder should stand and Begin Either Twenty or thirty yards above or below the place you Pitch On there may be an End put to ye Dispute but ye said Mr Upshur King said he would not pitch upon any place of the point for the bounder But that ^there^ they stood a Tree in ye woods (to ye Best of My remembrance he said it was a pine Tree) and that he might Begin there and reverce the Cources which would shew him the first Bounder But Capt John King said he would not for it was the first Bounder he wanted to prove and that ye Tree he spoke of would never answer with ye first Bounder then Mr Upsher King said he had Money to Try and Defend the said Land or to that Purpose upon which Coll Charles Ballard and the Deponant finding we Could not Bring them to ^a^ friendly agreement about ye said Bounder Left them without Doeing anything in ye matter and further sayeth not January 28.th 172/4 William Stoughton By Vertue of a Commission to us directed bearing date the 23d day of November 1723/4 by the Justices of Somersett County Court Psuant to an act of assembly we the subscribers being sworn according to the directions of that act as appears by the Endorsmt of the said Commission having given the due Notice the Law requires in such Cases went on the spott mentioned in the above deposition and there did take the above said William Stoughton (solemn) |
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Somerset County Judicial Records, 1723-1725
| Volume 839, Page 155 View pdf image |
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