Trespass 1702, Sussex Delaware, Thomas Fisher v. Samuel Rowland

Who are the many Samuel Rowland’s of Sussex county, Delaware, British Colonial America ?

Deeds, book A1-B2, 1693-1698 (folio 100-102) ? Thomas Fisher Plt. agt Samuel Rowland Deft; In a plea of trespass upon the case And therein the said Plt. complains that on the 18th day of November last past, being the fourth year of the Reign of our Sovereign Lady Queen Anne … AD 1705 The said Deft. with force and ? at and upon a parcell land containing 20 acres belonging to the said Plt. situate lying and being on the soude west side of the river or Creek ? Lewes and binding on the north east side with the said Creek and on the north west side with the land formerly of Luke Watson Senr. and on the south west side with the land of Norton Claypoole being part of the same tract did enter and the grafts then and their growing with his feet did tread down, also did commit great spoyle and destroy the timber of the said land and many other harms to him the said Plt; he the said Deft. did against the peace of our Sovereign Lady the Queen and to the damage of the said Plt, 100 pounds silver money and thereupon brings this suite, And the said Samule Rowland by Roger Corbett his attorney, comes and defends the force and injry when ? and saith that the said land was formerly the land of Norton Claypoole deceased as comprised with more land of the same tract acknowledged and made over to him the said Norton by Hermanus Wiltbanck decd in his life time, the originall pattenlee (vizt) On the 15th day of March 1682 and produced in Court the said pattent assigned over by the said pattentee to the said Norton CLaypoole, who also in his life time assigned over all his right title and interest in and to the said patten unto his brother James Claypoole of Philad., Mercht. in his life time who by his last will and testament did give and bequeath the same whole tract of land unto his son Joseph Claypoole, who sold and disposed the same unto the said Deft. and acknowledged and made it over in Open Court by deed of sale according to law, which deed was also produced in Court, as also further the said Deft. saith that Henry Stretcher never had no lawfull title to the said land, or any part thereof (ifso) the Deft. desired it might in Court appear; Whereupon the said Deft. produced in Court the affidavidt of the said Henry Stretcher (since decd) which was read in Open Court as followeth – Sussex ? Henry Stretcher aged 67 years or thereabouts being deposed before me one of Her Majesties Justices for this Court saith that twenty seven years past he the said Henry Stretcher, have in his possession by virtue of a purchase by him purchased of Harmanus Wiltbanck a piece of land containing by survey and ? twenty acres of land situate lyeing and being on the south west side of the River or Creek of (port) Lewes and binding on the north east side with the said River or Creek on the north west side with the land formerly Luke Watson Senr. and on the south west side with the land of Norton Claypoole being part of the dividend of land purchased by him as above, and being legally according to law was possessed of the same 20 acres of land situate as above said, then ? the same, in as ? and effectually manner by decd. under his hand, seal duly perfected as the Constitution of the Laws of the Government at that time could devise under Peter W? of the same place and county, Hattmaker who there lived some time and dyed and lyeth buried at the antient burying place of the same ? and that ever since the same Henry first above mentioned hath been alive in this town of Lewes and to his own knowledge from the above specified time hath continued in Colla? ? as sold from one to another without disturbance or any molestation down to this time, and further this deponent saith not, Henry Stretcher November the 20th 1704 Henry Stretcher in bodily health and of sound and perfect mind and memory on the above mentioned premises and identical piece of land did attest to the above deposition to be true before me constituted as above and after the above interlineations. Phillip Russel. Test. Thomas the mark of TT Tilton, Roger Corbett.
The Plt. also produced in Court sundry deeds and writings to prove the said 20 acres of land to be in the lawful possession and just property of sundry persons successively for about 25 years, as from Joannis Winsterson and heir of Peter Winstor, Hatter decd. to Morris Edwards and from the said Morris to Doct. Thomas Wynne and from the said Thomas Wynne after the death of him and Elizabeth his wife to the said Plt. and further the said Plt. produced ? in Open Court during the said Norton Claypoole’s ownership which was read ? and entered as followeth: Phillip James the attorney of James Claypoole being impowered to convey and ? unto Antoney Hanson alias Haverly 20 acres of the said tract of land, which the abovesaid Norton Claypoole acknowledged to the said James Claypoole the said 20 acres belonging ? Joannis Winder ? to the said Antoney as was ? by the Court and the said Johannis having ? promised the sale thereof to Morris Edwards, they not agreeing he should have this ? conveyance of the said 20 acres – Phillip James the attorney of James Claypoole would not acknowledge the sale thereof, therefore the Court for the ? of the said Norton, bid him the said Norton to keep the said pattent and conveyance until it was performed ? the said Norton was obliged to ? the 20 acres as afsd, also Capt. John Hill at the request of the Plt. being solemnly attested in Open Court to saith that about four or five and twenty? years ago, he lived upon the said 20 acres of land and the title of the same was then and before deemed to belong to Winster the Hatter and the said deponent was then about to purchase the same and did ? a consideration for it. Nehemiah Field and Samuel Crossley being attested in Open Court, vouching the said def? ? the surveyor in laying out of the land in? gave it in the affirmation that the said Deft. did forbid the ? and the Surveyor to ? no further therein at their perills?
Whereupon the Jury being sworn to try the said issue and attending the same were called over their names: John Gibbs, Abraham Wiltbanck, Isaac Wiltbanck, John Paynter Alexander Molliston, James Simson, Samuel Blundall, Mathew Ozburne Nathaniel Starr, Thomas Parker & Darby Collins and John Shellman, the case was given out to the Jury who went out of Court and some time after returned with their verdict: Wee of the Jury find for the Plt. with costs of suit John Gibb: Whereupon the Deft. craved an appeal to the next Provinciall or Supreame Court, to be held at Lewes for the county of Sussex afsd in law, which the Court granted he the said Deft. putting in security to prosecute and paying down the costs according as the law directs.

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