Volume 840, Page 79 View pdf image |
November
Court 1725
79 which the said Benjamin Saw Standing and now Standeth near the Water and about 200 pole to the Eastward of the Place where Capt Fasitt saith he Saw the Marked tree it standeth near ye water by a sandy Shore and that when he first Saw it it seemed to be as Ould Marked or Near the matter as it now is and Further Saith not he heard his Uncle John Stockley Say that One Richard Ward said he was present when the Bounder of Fenwick Choice was first Marked and that the afd tree was the first Bounder and further sayth not Joseph Wyat aged 39 years or thereabouts being sworn saith Once he was discoursing of buying part of the afd tract of Land of woodman Stockley and he brought him to the afd tree mentioned by Benjamin Stockley and shewed him the afd tree for the first Bounder and further saith that that Coll.n William Whittington would have had him destroy the afd tree but being forewarned by Woodman Stockley did not do it and further saith not Oliver Stockley aged 24 years or thereabouts ^being sworn^ saith that he heard his father say that the afd tree mentioned by his brother Benj.a was the first Bounder of his Land Called Fenwicks Choice and further saith not the Commission duly Executed by us this 24th day of augt ann Dom 1725 John Smith, John Miller, John Aydelott
Tobacco which to him he Ows and Unjustly detains &c And whereupon the Same Joseph by Levin Gale his attorney Saith the afd John the seventh day of June Seventeen hundred and twenty five at the County afd within the Jurisdiction of this Court by his Certain Writeing Obligatory granted himselfe to be held and firmly bound unto the same Joseph in the sum of Twenty four thousand two hundred pounds of tobacco to be paid the same Joseph when afterwards the said John should be thereunto required the afd sum of Eight twenty four thousand two hundred pounds of tobo to the Same Joseph hath not paid or him for it in any wise Contented but the Same John the same hitherto to do hath altogeth refused and still doth refuse whereby the Same Joseph says he is worse and hath damage to the value of Twenty thousand pounds of tobacco and thereof he Brings this Suite &c and the Said Joseph brings hereinto Court the Writing Obligatory afd &c Levin Gale P Quer Pledges Jno Doe R Roe And whereupon the said John Hudson Jun.r being Called appears and thereupon the said John Hudson at the prayer of the Plfts attorney afd is adjudged to give Speciall Baile to the action afd Whereupon a Certain William Davis of Somersett County Planter present here in Court in his proper person undertakes for the said John Hudson that if in Case the said Joseph Macclester shall recover Judgm.t in the plea afd against the Said John Hudson or that the Said John Hudson shall be therein Convict that then he the Said John Hudson shall pay the Condemnation of the Court (thereupon) |
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Volume 840, Page 79 View pdf image |
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