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March Court ann.o 1728
168 John Miller aged about thirty three years or there abouts Sworn as abovesaid Deposeth as followeth he say's yt he Saw ye tree which formerly stood on ye head of rutty branch Gutt when it was agroing tree Marked of two sides & yt he asked his father Concerning ye tree he told him he did not Know itt was a tree belonging to Mackelare or one of Wrixham Whites tree & that he has often heard his father say that W.m reeds land Lay in ye forke of ye Branches that is Between Back Creek & rutty Branch to ye Southard of rutty Branch & to ye Southward of that tree This Said tree which ye Said Evidence has Sworn to Stands on ye head of rutty Gutt about twenty one paces from ye run of ye said Gutt Called rutty Branch Gutt of ye Southward Side of ye Said Gutt & Likewise about fourteen Paces to a white Oak Sliped outwosides Standing about West North West from ye said tree Sworn to abovesaid The above Examinations & Depositions duly Taken the Day & Date abovesaid before us John Tingle, Jno Holland
of a Certain Nicholass Warren of ye Co.ty afd in relation ^to the bounds^ of Land Called Rackliffs late Discovery Lying in ye Co.ty afd Wee therefore require you or any three or two of you at the afd Land Called rackliffs late Discovery (you first haveing taken your Oath on ye Holy Evangelist of Almighty God according to act of assembly in Such Case made & provided) & there Cause to Come before you or any three or two of you all Such Evidences as Shall be to to you or any three or two of you Nominated by ye said Complanient (or Deft if any) & that you Examine them upon their Corporall Oaths to be by you or any three ^or two^ of you administred on ye Holy Evangelist of almighty God in the presents of ye Complanient (or Deft if any) touching the truth or remembrances of there Knowledge or any thing yt may relate to ye Cause afd & yt reduceing ye Severall Depositions into Writing you Send ye Same together with this our Commission under your or any three or two of your Hands to us to our Co.ty Co.t of Somrsett with all Convenient Speed Wittness Saml Hopkins Gent Chief Justice of our Said Co.t &a On ye Backside of ye foregoing Commission it was thus Endorsed vizt Edward Round & James round was duely Quallyfied to Execute ye within Precipt before me one of his Lordships Justices of ye peace Febry 17.th 1728/9 W.m Fasitt In Obedience to ye precipt hereunto Annexed ye Subscribers being duely Quallyfied as appears on ye Back of ye Said Precipt haveing Given Due Notice met on ye afd tract of land Called rackliffs late Discovery) on ye 17th day of Febry 1728/9 & in ye presents of ye said Complainant) no Deft appearing Came Cap.t Will.m Fasitt an Evidence aged 66 years or thereabouts & being Examined on his Corporall Oath &.a Saith yt on or at ye Southside of a Savananna about 13 paces to ye North ward of a Gum & a white Oak somwhat Markt there or nere there Stood a white Oak about 40 years agou) Markt with a Surveyers Mark & was always Deemed & Supposed to ye be ye first Bounder of ye afd Land & also ye 2.d Bounder of a tract of Land Called Burleigh formerly belonging to one W.m Tompkins & now their Stands a mulbery Post & further Saith Not Edward Round, James Round |
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Somerset County Judicial Records, 1727-1730
| Volume 841, Page 168 View pdf image |
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