NL GenWeb

Transcribed by Marilyn Pilkington.  While I have endeavored to be as correct as humanly possible, there could be some typographical errors.

 

Plantation Book Harbour Grace

(Part 6: 122-141)

Entry: No. 958

Name and Description of the Room or Other Erections, with Its Exact Boundaries: Henry Warford 136 yds. from N.E. to S.W. by the Seaside 179 yds. from H.W.M. to the N. bounded on the N. by the woods 1 Stage 3 Flakes 2 Gardens. Divided between the 5 children of Henry Warford by the decree of the Court, 13th Oct. 1821, J. Toup Nicolas, Surrogate.

In what Harbour, Cove, etc., Situated: Harbour Grace

Name-and-Residence of the Party Claiming Right to the Same: [H. Warford], Harbour Grace

The Nature of that Claim: Part purchased from Philip Besom of Jersey for 30 and part cut and cleared agreeable to Act. Wm.3rd. Chap.25 Sec.7

Name and Residence of the Present Occupier: H. Warford, Harbour Grace

Whether-Built, Sold or Leased at the Time of this Entry: Sold, no buildings.

Date of this Entry: 1776

For what Consideration Sold or otherwise Transferred, or the Rent and Term of the Lease: H. Warford, sold for 30.

 

Harbour Grace Surrogate Court

Thursday, April 5, 1821

John Warford vs. Jabez Warford

Dispute about a certain piece of ground situate in Bears Cove and which Plaintiff asserts that his father before he died for many years put Plaintiff in possession of said ground, but which is disputed by Defendant, brother to Plaintiff.

Plaintiff has no written documentation to prove the legality of his claim and as the Father died intestate the Court gives Judgment that the ground be divided amongst the children of the deceased.

Geo (?) McMartin, Surrogate

Harbour Grace Surrogate Court

Friday, 12th October 1821

Present: J. Toup Nicolas, Esquire, C.B.

Jane Collins

Jabez Warford

Susannah Bradbury

Dinnah Kenedy

versus

John Warford

The Plaintiffs prayed to be put into possession of the land decreed to them in the Surrogate Court 5th April 1821, which the Defendant had prevented by force, in contempt of the decree of the Court. The Defendant endeavoured to show that the Parties claimed more than the Surrogate Court decreed. It appeared, however, in evidence that tho' John Warford, the Defendant, had cleared some of the woods on the part now claimed by him, yet all that he had done since his return from Spaniard's Bay and what was done before was as a tenant at will against the will of his father who always considered it to be his property as all the evidence proved, and that on the return of John Warford to Harbour Grace after fifteen or twenty years absence the father opposed his reoccupying it, told him he never should keep it. And as John Warford never had any Deed of Gift or instrument from the father giving him title to what he calls his own -- hence it appeared to the Court that John Warford, the Defendant, had only a right to his share -- one-fifth with the other Brother and Sisters, the Father having died intestate. It is accordingly to be divided as under described.

Bounded on the west by Jordan Henderson's property, late Mr. Cawley's -- Jane Collins, Daughter of the late Henry Warford.

200 yards in a straight line

[26 2/3 yards; 30 yards]

John Warford, son of the late Henry Warford -- He having his Flake on this part -- 200 yards on a straight line.

[26 2/3 yards; 30 yards]

Path heading towards Mosquito

[4 yards]

[Path is 12 feet wide, 6 feet by John Wharford and 6 feet by Dianah Kennedy.]

Dianah Kenedy, daughter of the late Henry Warford

200 yards on a straight line

[24 2/3 yards; 30 yards]

Jabez Warford, son of the late Henry Warford, he having his Flake on this part.

200 yards on a straight line

[24 2/3 yards; 30 yards]

Susanah Bradbury, Daughter of the late Henry Warford.

200 yards on a straight line.

136 yards

[26 2/3 yards; 30 yards]

George Herrald property, late Surrogate

Charles Garland, Esquire, binds it on the E East side.

[Some of the above information is repeated below. It would appear to be a resumption of the sitting.]

The Plaintiffs prayed to be put into possession of the land decreed to them in the Surrogate Court 5th April 1821, which the Defendant had prevented by force, in contempt of the decree of the Court. The Defendant endeavoured to show that the Parties claimed more than the Surrogate Court decreed. It appeared, however, in evidence that tho' John Warford, the Defendant, had cleared some of the woods on the part now claimed by him, yet all that he had done since his return from Spaniard's Bay and what was done before was as a tenant at will against the will of his father who always considered it to be his property as all the evidence proved, and that on the return of John Warford to Harbour Grace after fifteen or twenty years absence the father opposed his reoccupying this spot now claimed by the Defendant and repeatedly told him he never should keep it, and as John Warford never had any deed of Gift or Instrument from the father giving him title to what he calls his own -- hence it appeared to the Court that John Warford, the Defendant, had only a right to his share -- one-fifth with the other Brother and Sisters, the Father having died intestate. It is accordingly to be divided into five equal parts. The Court in giving Judgment could not avoid observing that the conduct of John Warford throughout appeared to be dictated by a desire to litigate and thereby to put his Brother and Sisters to an endless expense as all the pretensions he set up was in direct opposition to the evidence of every witness he himself produced, who all asserted that the Father never ceased to consider the whole property as his own, beginning at Mr. Henderson's and ending at Hurrell's bounds.

Note: A dispute is still existing in making the Divison of the land between Diana Kenedy, one of the sisters, and John Warford. It is with the consent of both parties, ordered by the Court, that the Sheriffs Charles Parsons and James Cowan shall settle it finally by arbitration. Those arbitrators to determine how much Diana Kenedy is to pay John Warford for such land as falls to her lot, which was cleared by him and for which he is entitled to some remuneration.

© Marilyn Pilkington and NL GenWeb