Notes |
- John Stevens 25.284 A SO £36.18.0 £12.0.6 Jun 11 1705
Payments to: William Brereton, James Hill, Col. Whittington, Amie Williams, Peter Dent, Andrew Caldwell.
Administratrix: Margrett Disharoone, wife of John Disharoone.
===
1707-1709 Westmoreland County, Virginia Order Book, Part 2 [Antient Press]; Page 8
Westmoreland County Court 27th of Augst 1707
And at a Court then next, the Defendant by WILLIAM ROBINSON and WILLIAM BRETON, his Attorneys, pleaded that hee, the Defendant, was Not Guilty of the Trespass aforesd by the Plaintiffin form aforesd as by his Declaration is sett forth and declared and ofthat puts himselfupon his Country, and the Plaintifflikewise, &c.
Whereupon it was ordered that the Sheriff ofthe County to summon an able Jury of the Vicinage no wayes concerned either by affinity or consanguinity to the Plaintiff or Defendant or lyable to any other just exception who together with Colo. GEORGE ESKRIDGE, Surveyor, &c., should meet upon the Land &c., And view survey and lay out the land &c., And in case they found the fact to value the damage &c., And the
Sheriffhaveing summoned a Jury, &c., who being impannelled sworn and charged to say the Truth in the premises, upon their Oaths did return and say that JOHN SPENCER is a Trespasser upon the land ofFRANCIS WRIGHT and hath committed trespass to the damage ofFRANCIS WRIGHT, Gent., ten shillings sterling, Whereupon the Defendant by his Attorneys moved in arrest ofJudgment and had liberty granted them till the then next Court to assigne errors which hath continued from Court to Court to argue the same; And now at this Court both Plaintiffand Defendant being present, and the matter of the errors assigned being fully argued, it is the oppinion ofthe Court that the errors assigned to bee good and allowable in the Law and such as they could not proceed to
Judgment for the Plaintiffupon the Verdict aforesaid, notwithstanding the Plaintiffs allegations that they were pleaded out of tyme being after the Verdict ofthe Jury returned into Court as aforesaid
From which Judgment FRANCIS WRIGHT prayed an Appeale to the Ninth day of the next Generall Court which is granted him upon entering into Bond with sufficient sureties
|