 |
 |
 |
|
WILLIAM SMITH, Carpenter, of the County of Richmond,
Carpenter, Plaintiff vs. WILLIAM RICHARDSON, defendant, 2 April 1696 to
4 Febr 1696/7
Richmond County Court Orders 42,
2nd of April 1696, p 133
WILLIAM SMITH of the County of Richmond, Carpenter. brought his action
in this Court against WILLIAM RICHARDSON of the said County, Planter. And
declares that whereas RICRARD GOODMAN, late of the County of RAPPAHANOCK,
now Richmond, deceased, was seised in his demesne as of fee of & in
a certain messuage & tract of land containing by Estimation Four hundred
& twenty four acres situate lying and being near the head of MORATTICO
CREEK in the County aforesaid as by Patent thereof to him granted bearing
date the 20th day of November Anno Domini 1670 may appear & that the
said RICHARD GOODMAN dying seised thereof, the same came and descended
to EDMOND GOODMAN as Son & Heir of the said RICHARD. And by the said
EDMOND granted bargained & sold to him the said WILLIAM SMYTH and his
heirs forever, as by a Conveyance thereof to him dated the 28th day of
June 1689 may more fully & at large appear, by virtue whereof the said
WlLLIAM SMYTH became thereof seised in his demesne as of fee of in &
unto the same & that nevertheless the said WILLIAM RICHARDSON upon
or about the 20th day of November in the year 1694 vith force & arms
and contrary to the peace &c., into & upon the said devident or
Tract of Land did unlawfully enter and the said WILLIAM SMYTH of &
from did oust eject expell & amove & possession thereof with like
force doth detain & keep and many enormities thereon doth commit, whereby
the said WILLIAM SMYTH is damnifyed & damage hath received to the value
of Ten thousand pounde of tobacco & therefore craves judgment vith
the Writt Habere fatias possessionem directed to the Sheriff &c., &
the said WILLIAM RICRARDSON by JOHN MILLS his Voucher comes into Court
& for Plea sayeth that he is Not Guilty in manner and form as in &
by the said Declaration it is sett forth & declared, Whereupon (p 134)
The Court have ordered that the Sheriff of this County or his deputy do
summons a good and lawfuil jury of the Neighbourhood to meet upon the Land
aforesaid on the first Tuesday in May next folloving, if fair, otherwise
on the next fair day, together with Capt. WILLOUGHBY ALLERTON, Surveyor,
&do survey and lay out the same according to the most known antient
& reputed bounds thereof having regard to all (rest of text missing,
pg 85 of refernce)
Richmond County Court Orders42,
June 4th, 1696, p 142
Mr. JOHN TAVERNER appears as Attorney for WILLIAM SMYTH
Mr. JOSEPH TAYLOE appears as Attorney for WILLIAM RICHARDSON
Richmond County Court 4th of June 169642,
p 143
The Order granted last Court between WILLIAM SMYTH Plantiff &
WILLIAM RICHARDSON Defendant is continued & for as much as the said
jurors therein named at their time of meeting could not agree upon a Verdict.
It is further ordered that the said Jury together with Capt. WILLOUGHBY
ALLERTON survey upon the 15th day of this Instant June if fair, or upon
the next fair day, do meet &c., as in the said Order it is expressed
& that Mr. THOMAS GLASCOCK do swear the Evidence &c. It is also
ordered that the Sheriff of this County or his Deputy do meet at the said
time & place and do keep the said Jurors together untill they shall
fully agree upon their verdict & that they make report of their proceedings
herein to the next Court held for this County under their hands in writing
and in case of sickness or mortality of any of the said jurors, that the
Sheriff be hereby impovered to summon others in their stead.
At a Court held for Richmond County the 5th day of Augt. 169642,
p 149
Present |
|
 |
 |
 |
|
Cob. JOHN STONE |
|
|
|
Capt. SAMUEL TRAVERS |
|
 |
 |
 |
| Mr. SAMUEL PEACHEY |
|
|
| Capt. WILLIAM BARBER |
|
|
 |
 |
 |
|
Gent. Justices
And Whereas the Jury impannelled in the suit depending between
WILLIAM SMITH Plantiff and JOHN MILLS, Voucher of WILLIAM RICHARDSON. Defendt,
could not agree upon their verdict, the Court have further ordered that
the Sheriff of this County or his Deputy do summons a good & lawful
Jury of the Neighbourhood wherein none of the former Jurors shall be Impannelled
to meet upon the Land in difference on the first Wednesday in September
now next following. if fair, or on the next fair day, together with Capt.
WILLOUGHBY ALLERTON, Surveyor, & do survey and lay out the said Land
according to the most known antient & reputed bounds thereof having
regard to all Patents & Evidences that shall be produced by Plantiff
or Defendant and if they find the Defendant a Trespasser that they value
the damage & to the end there may be no further delay therein and that
the said Jury shall see causes. it is further ordered that they do survey
& lay out the adlacent land of the said JOHN MILLS and make report
of their whole proceedings herein under their hands in writing to the next
Court held for this County. Capt. SAMUEL TRAVERS & Mr. THOMAS GLASCOCK
or either of them are requested to meet at the time & place aforesaid
to administer an Oath to the Jurors for their true survey as also to such
Evidence as shall be there produced by either party for their true discovery
of what they know concerning the said Land.
Richmond County Court 7th of October 169642,
p 165
Capt. ARTHUR SPICER appears JOHN MILLS
Capt. GEORGE BRENT appears Attorney for WILLIAM SMITH
And whereas the Jurors in the suit between WILLIAM SMYTH Plantiff and
JOHN MILLS, Voucher of WILLIAM RICHARDSON, Deft., have retd: their verdict
under their hands & seals to this Court in these words as following
(vizt.) In Obedience to an order of Richmond County Court bearing date
the 5th of August 1696, we whose names are hereunto subscribed together
with Capt. WILLOUGHBY ALLERTON (p 166) Surveyor, did go onto the land therein
mentioned on the day therein perfixed & did survey and lay out the
same according to the most known antient and reputed bounds thereof, being
the bounds and courses of the Patent and have had regard to all evidences
and Patents that was produced either by Plantiff or Defendant, And furthermore
in Obedience unto the said order we find the Patent of Mr. JOHN MILLS to
be uncertain for that it mentioneth no certain place in the County the
land lie therein nor any evidence to make appr: to us any beginning so
that we find the Defendant a Trespasser and that the Plantiff is damnified
Fifty pounds of tobe: &c. which verdict this Court have confirmed &
do order that the said JOHN MILLS as Voucher of WILLIAM RICHARDSON, do
pay unto the said WILLIAM SMYTH Fifty pounds of tobo: damage togther with
all cost and that his Majestys Writt habere do issue directed to the Sheriff
of this County or his Deputy to put the said WILLIAM SMYTH into quiet possession
of the said Land premises from which Judgment the sd JOHN MILLS, Voucher,
doth appeal unto his Excellency and Councell for a Rehearing on the 3rd
day of the next General Court.
- JOHN MILLS together with JOHN MORGAN this day acknowledged themselves
indebted to Majr. WILLIAM TAYLOE in the sum of Two thousand pounds of tobacco
to be paid unto the said Major TAYLOE, High Sheriff &c., in case the
said JOHN MILLS shall not prosecute his appeal made from an Order of this
Court granted against him to WILLIAM SMYTH
- WILLIAM SMYTH together with Capt. WILLOUGHBY ALLERTON this day
did acknowledge themselves indebted unto Majr. WILLIAM TAYLOE in the sum
of Two thousand pounds of tobacco to be paid unto the said Majr. TAYLOE
in cm the said WILLIAM SMYTH shall not answer
Richmond County Court 4th of February 1696/742,
p 209
Order is granted against the Sheriff to WILLIAM SMYTH, Carpenter,
for the non appearance of JOHN MILLS for Five thousand eight hundred &
thirty nine pounds of tobacco according to Declaration. Attachment heron
is granted to the Sheriff. |
|
 |
 |
 |
 |
|
Copyright
© 1999 by Michael Goad. All rights reserved. |
|
|
|
The pages
of this site may be freely linked to. Information from this site may be
freely used by individuals. None of the following may be duplicated without
consent: |
|
-
The entire compilation and arrangement
of information located on this web site or any major portion thereof.
-
The HTML Code for any page or major
portion thereof.
-
Any original graphics unless otherwise
stated.
|
|
|
|
|
|
|
|