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March Court
1740
91 dispute between Hamblen and Patey that that same Gut when he was building a house for Old William Turvill of all he owed to Go through the same Gut and that it was so narrow he was Oblidged to Get out of his Cannew and hall her after him and that the same Fassit meaning the Old Capt Fassit ^deceased^ and that he allways Called it Shad Gut further the said deponant saith that Tobias Peper oath was Read at the same time where the abovesaid Gut was discribed and Called Shad Gut the first bounder of Win Chester the deponant saith further that he heard a Certain Elizabeth Mornson declare on her Oath that the Gut abovesaid was shad Gut and alwayes so termed and Called Ever since she Lived on the Creek which was she declared before there was any Gut or any thing like one where the Land Judges hath setled the first bounder of win Chester where they sat a Mulbury Crotch in the marsh she declared that she had often times gone along the Creekside and no appearance of a Creek or Gut only some other holes where they setled the bounder of Win Chester and the deponant declares that he at sundry times heard Old William Turvill say that where the Mulbury Crotch stood he believed not to be shad Gut which is a Considerable way to the westward of Shad Gut for he had often gone a Long the Creek side there before there was any thing Like a Gut and that the other Gut in the Pint of Marsh the place described at first was always Called Shad Gut and the first bounder of Winchester and further this deponant saith not Taken by us the Subscribers the day and year above said Given under our hands and seals Samuel Hopkins (seal) John Evans (seal) David Johnson (seal) John Purnall (seal) William Turvill aged about thirty three years or there abouts being sworn on the holy Evangelist of Almighty God declares that in his fathers Life time he heard him say he knew the place where the Land Judges or Justices had settled the first bounder of winchester before there was any thing like a Gut Issuing out of the Creek only other holes in the marsh but he had walkt many a time a Long there and that the Gut that Lyeth in the pint of the marsh to the eastward of the house of the said John Pateys with a small Island between the mouth of the Gut and the mouth of the Creek always was Called Shad Gut and deem'd the first bounder of Winchester further saith not this deponant taken and Given under our hands and seals this 15.th day of Aprill Anno Dom 1740 Samuel Hopkins (seal) John Evans (seal) David Johnson (seal) John Purnall (seal) Elizabeth Glass aged about Sixty four years being sworne on the holy Evangelist of almighty God declares to the first bounder of Winchester saith that that Gut a Certain Gut lying in the Pint of Marsh north eastward from the house of Patey with a Little Island of Marsh Just in the mouth of said Gut which Pint streches from Pateys house down between William Turvills and William Fasetts their Plantation and directing from the mouth of the Creek being the same place first mentioned before William Kenetts Affadavet or thorofare that she knew it when it only was a small Gut in the marsha nd now it is a thorofare from one Creek to the other and that it was always Called and deem'd Shad Gut and first bounder of Winchester and to her knowledge it was allways Called |
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Somerset County Judicial Records, 1740-1742
| Volume 861, Page 91b View pdf image |
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