other cause than for not confessing Lease, Entry & Ouster, the plt to pay such costs as shall be Taxed by the Court, to the s Richa *** 5th Xber pr. Curm HEN. Dow, Justice. Pr Clr Vera Copia, compared with orig enal on file. Pr Curm. Henry Penny, Clk. By the Court JA. MENZIES, for ye plt. CHA. STORY, for y* def'. Declaration & Ejectm. Ring vrs. Walton. A Copy Delivered Mr. Waldron, the 10th instant. Province of New SS. hampshire in New England } ss. Att an Infer Court of Common Pleas, held att Portsmouth for the Province aforesd, on the fifth day of December, Anno Dom: 1706. Thomas Allen. Richd Waldron. Jervis Ring complains of George Walton, in the custody of the Sherrif, for that whereas Thomas Allen of the city of London in the kingdome of England, Esqr., son & heir of Samuell Allen, late of New Castle, in the sd Province of New hampshire, Esqr. Dec'd. Proprietor of the sd Province of New hampshire upon the fifth day of October, in the year of our Lord, 1706, & in the fifth year of the Reigne of our Soveraigne Lady Queen Anne, that now is over England, &c., At Dover, in the Province of New hampshire aforesd hath Demised, granted & to farme lett to the sd Jervis Ring, one Messuage & Tenement, one Barne, one Gardine & Orchard [Not Guilty containing twenty acres, Arrable land one hundred Attr. for deft.] acres, Meadow & Marsh land one hundred acres, pasture land fifty acres, feeding land, one hundred acres, Woodland & underwood, four hundred acres, & one saw milne scituat, lying & being in the precincts of the Town of Dover afore, in the province aforesd,-To have & to hold the Messuage & Tenement aforesd, & all other the premisses, with the Appurtenances to the sd Jervis Ring & his Assigns from the Twenty-fifth day of September now last past, untill the full end & terme of five years from thence next ensuing, & fully to be completed & ended: By virtue Cha. Story of which demise, The sd Jervis Ring into the Messuage & Tenement aforesd with the Appures Entered, & was possest thereof, until the sd George Walton, afterwards, the same fifth day of October & in the fifth year of Queen Ann's Reign abovessd, in the sd year of our Lord, with force & armes, &c. Into the messuage & tenement aforesd with the Appures In & upon the possession of the sa Jervis Ring hath entred, And him, the sd Jervis Ring, from his farme aford (his terme therein not being yet expired) hath ejected Amoved, expelled, And him the sd Jervis Ring from his possession therein as aforesd hath withheld & hitherto doth withhold, & other Enormities hath offered to him Contrary to the peace of our Soveraigne Lady the Queen, and to the Dammage of the s4 Jervis Ring, one thousand pounds in money: And thereupon he brings his suit, &c. Mr. Richard Waldron, JA. MENZIES, for the Plt. Pledges of I am informed you pretend some title to the lands within mentioned, for which I am sued; you must therefor Imploy some Attorney to Appear for you at the next Infer. Court of Pleas to be held at Portsmouth for the Province of New hampshire, the fifth day of December next; otherwise I, claiming no title to the same, shall suffer Judgment to pass agt me by default, & you will be turned out of possession, &c. Dated at Portsmouth, the Eleventh day of October, 1706. Yr. GEORGE WALTON. Province Newham. Her Majes Inferior Court of Common Pleas held for this Province by Adjournment, this 15th of April, 1707. Prsent. Rich Waldron, Hen. Dow, Theo. Atkinson, Winthrop Hilton, Esqs. Justices. The Court called and opened. JURY. The Court Adjournd for one hower & halfe. Pr Henry Penny, Clk. The Court opened. Richd. Waldron, Esq. removed from the Bench whylest 'is case was tryeing. The wryt of Ejectment read. Tho. Allen, of Lond", Esq. Pl. & Ricd. Waldron, Esq. Defend'. Mr. James Minzey allowed attorny for the Plt. & Mr. Cha. Story, & Capt. Jno. Pickering attornys for the deft. The Jury all sworne, being no objection made, either by ye Pl. or Deft. against any one of them. Many Papers given in, or on file, & long pleaded to. Vera copia. pr Curm, Henry Penny, Clk. No. II. VERDICT, JUDGM, BOND & Appeale. The papers on file given to the Court and the Case long pleaded was committed to ye Jury, with these directions to the Jury, viz. DIREC. That the Case was a Title of land. Mr. Allen brings his action against Mr. Waldron for such land as was ther sett forth in ye wryt: and you ar sworne to give according to Evidence. We are also to Informe you that her Majty in Council hath been graciously Pleased, to order directions as to a special verdict, and you have both her Majy order in ye case. We therfor direct ytt you observe her Majts order therin, wch can give you better directions than we can give. Soe take the case, and we pray God direct you to doe that wch is just therin. Vera Copia, pr Curm Hen. Penny, Clk. The Jury for some time went out, and Returned with ther verdict, viz. Pro. Newham, April 15th, 1707. VERD. Att. her majts Inferior Court of Common Pleas, held by Adjournm at Portsmo. Mr. Tho. Allen, Esq. Pl., Mr. Richa. Waldron, Esq. Defent. Wee of the Jury find for the deft. cost of Court. Vera Copia Pr. Curm Hen. Penny, Clk. Pr me, Jno. Partridg, forman. The Plaintife, having befor moved for a special verdict, again moved it, That the Jury may be directed to bring in a special verdict. The Court sent the Jury again out to consider further for the verdict: and after some time they returned with the same verdict, as befor, & would not alter it. JUDGMT. Itt is therfor Considered by the Court, yt ye deft. shall recover of ye pl'. cost of Court accordingly. Vera Copia Pr. Curm Hen: Penny, Clk. APPEALE. The Plt. prayes an appele to ye next Superior Court of Judicature, in this Pro. from ye verdict and Judm*. The Court allowed ye same;—giving security, as on file. (Mr. Menzies principal, Lt. Gov'. surety.) The aforgoing papers are a true Coppie of the whole case, Tryed at her Majts Inferior Court of Common Pleas, held att Portsm° by adjournm the 15th day of April, 1707: Wherein Tho. Allen, Esq. was Pl. and Rich. Waldron, Esq. Def. Verdict for the deft. Cost of Court. Judgmt accordingly. Pr. Curm Hen: Penny, Clk. [Bond.] Know all men by these p'sents, That we, James Menzies and John Usher, Esqs. Joyntly & Severly ar held and bound unto Rich Waldron, his heirs, Executors, Administs and Assigns, in the sume of Twenty Pounds Current mony of New England, to be pd. to the s Rich. Waldron, his heirs, Executo Admin' or assigns, for ye paym' of wch we bind ourselves, our heirs, & Exects firmly by these pr'sents: dated ye 15th April, in y 5th year of her Majts reigne Anno Dom: 1707. The Condition of ye above obligation is such, that whereas the above named Rich Waldron, Esq. recovered Judgmt att an Inferior Court of Pleas, pr adjormt ye 15th Instant, against Tho: Allen, Esq. for cost of Court, from wch Judgmt sd Tho: Allen, pr his Attorny did appele to the next Superior Court of Judicature to be holden in this Pro: If, therefor ye Tho: Allen, Esq. shal prosecute his Appele accordingly to effect, and pay all such cost & dammage as shall be awarded against him, if the first Judgmt be affirmed, then y obligation to be voyde, else to remaine in force. JAS. MENZIES. Test. Hen. Penny, Clk. SEAL No. III. Mr. Allen's Reasons for Appele. Province of } SS. To the honorble her Majts Justices of the Sup' Court of Judecature to be holden at Portsmouth within and for ye said Province, the 24 Tuesday in August, 1707. Thomas Allen, Esq. Appelt vers. Richard Waldron, Esq. Appellee. The Appell's Reasons of Appeal from a Judgment of an Infer Court of Common Pleas, (held by Adjournmt at Portsm° within and for said Province the fifteenth day of April, 1707) obtained against him by the sa Richard Waldron, then Deft in an action of Trespass & Ejectment brought by the Appell (then Pl') for a Messuage, tenament, Lands, &c. lying in the precincts of Dover, in the province aforesaid, as by the writt, Rule of Court & Judg. ment in the caus, (to wch the Appell' refers) does more fully Appeal: To which Action ye Appellee (then Deft) pleaded (not guilty) and so the caus was committed to the Jury, who refuseing to find a speciall verdict, delivered their verdict positively for the then Deft, costs of Court and Judgmt was by the Court entred up Accordingly: which Judgm', is wrong & Erroneous & ought to be Reversed. 1. For that the verdict and Judgmt should have been given for the Appell (then Plaint) who ought to have Recoverd the Messuage & lands, Demands and Costs. 2. Because the Appell at the Tryall, by good sufficient Records, Royal grants, Deeds, Evidences and Conveyances in the Law, showed forth and proved an undoubted Right and title to ye Province of Newhampshire, of which the Lands in Question are part, and his being Lawfully possessed therein, with his Improvements thereupon, by building of sundry houses & forts thereon, &c. and planting of great guns in said forts; and is now ready to make out the same unquestionably to this honorble Court; for, that ye Defendt title supported only by pretence of Possession can never in Law amount to, or invest him with any Right to the premises; 3. Especially when the Appellt & his Ancestors & those from whom he derives, have constantly been in the Law full possession afsd Province (whereof the premises demanded are a part) either by themselves, their Agents, Tennents, or servants: And the possession was always accompanied with a Legal Right and Title to the same, evinced by authentick Records, Deeds, &c. well exe |