Transcribed by Marilyn Pilkington. While I have endeavored to be as correct as humanly possible, there could be some typographical errors.
Harbour Grace Surrogate Court|
October 25, 1821
Bradbury vs. Kearney|
The Judgment of the Court is that as a Jury have determined the Deed of Sale to be wholly invalid and the Defendant having acknowledged before the Courts that he had no other pretension to the land in question but the said Bill of Sale. The said land valued at £150 by arbitrators reverts to its original possessor William Garland Bradbury and Susannah his wife and their Heirs, and as it also appears to the Court that the District have taken a wide road out of the said piece of land since it was first possessed by the Father of the Plaintiff Susannah Bradbury in consequence of the encroachment of the sea and that the Defendant, whilst he occupied the said lands did accordingly put up his fence on the north side of the said Road, that the measurement do commence from the fence as it now stands, the part on the south side of the Road being only useful for Flakes, and as the Plaintiffs have prayed to be permitted to erect a fish flake and a fishery establishment on the part of the shore which is now proved to belong to them, that provided they do so within twelve months from this date, they shall be entitled to go backwards two hundred yards from High Water Mark and that agreeably to the Rules of this Island and the instructions delivered to me by His Excellency the Governor (Article 9) they are not to erect any dwelling house within 200 yards of the sea shore, it being preoccupied to that extent. Two arbitrators will be appointed to decide upon the full value of so much of the land as the Defendant has cleared, since he began to do so about the year 1812 under a supposed mortgage (the Plaintiff then owing him about £30) taking into consideration what was cleared before he had it, as well as the value of the crops it has yielded him in remuneration for his labour since it was so cleared, likewise the value of the 11 yards which the Defendant has cleared above the 60 yards northerly. The arbitrators hereby appointed are on the part of the Plaintiff nominated by each --
Mr. Richard Anderson
Defendant remarked to the Court he was not prepared to name an arbitrator on his part before next court day, which time he was allowed, say, Saturday the 27th Instant.
[Susannah Bradbury was born Susannah Warford, daughter of Henry Warford of Bear’s Cove. – M. Pilkington]
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