Parsons, Theophilus, 1750-1813. Precedents book of Massachusetts law, 1775. HLS MS 1091, Harvard Law School Library.

Debt on Judgment

[margin No. 1. Middlesex Js.]

Attach Daniel Carter of Northyarmouth in our County of Cumberland husbandman to answer to Miriam Ward of Needham in Our County of Suffolk Widow in a plea of Debt for that the said Miriam by the consideration of Our Justices of Our Inferiour Court of Common Pleas held at Charlestown within & for our Said County of Middlesex on the 2nd Tuesday of Decr AD 1764 recovered judgement agt. the Said Daniel by the name of Daniel Carter of Sudbury in our County of Middlesex husbandman for the sum of four pounds two shillings lawful Money damage of ten pounds & eight pence of the like money costs of the same suit as by the record thereof now remaining in the same Court doth appear which Said Judgment is in full force not reversed annulled or satisfied whereby an action hath accrued to the said Miriam to demand have & recover of the said Daniel the said several sums of four pounds & two shillings & ten pounds & eight pence amounting to fourteen pounds two shillings & eight pence yet the said Daniel tho' often requested hath not paid the same sum but neglects & refuses to pay it. Ad. Dam

[left margin part missing: Plea in ?? ?? of the parties live where the ?? is bro't]

And the Said Daniel comes & defends ye and says the said Miriam her action aforesaid here in this Court against him the said Daniel ought not to have ye maintain but thereof ought to be bar-red because he says that the same is a personal action & at the time of the purchase of service of the Ptt's writ aforesaid & for a long time before neither the Ptt nor he the said Daniel were inhabitants with-in the County of Middlesex but the Ptt then & for a long time before was & still is an inhabitant of the town of Needham within the County of Suffolk within this province of the said Daniel there & for a long time before was & still is an Inhabitant of the Town of Northyarmouth in the County of Cumberland within this province wherefore & by force of an act or law of this Province made & passed in the twenty third year of the reign of his late Majesty, King Geo. 2. Intititled an act to prevent vexatious lawsuits the same Miriam if she had any good cause of personal action or suit agt. the Said Daniel ought to have brought the same to the Inferiour Court within the Said County of Suffolk or the Inferiour Court of Common plea's within the Said County of Cumebrland & not to the

Debt on Judgement

the Inferiour Court of Common Pleas within the country of Middlesex where neither the Ptt nor the said Daniel are or at the time the purchase & service of the writ aforesaid were Inhabitants & thus the said Daniel is ready to verify wherefore he prays judgement that the said Miriam of her action aftersaid against the said Daniel may here be barred is that he the said Daniel may recover his double costs of this suit against the said Miriam according to the act aforesaid. Jona Sewall

And the said Miriam says that she by any thing by said Daniel above in pleading alledged ought not to be precluded from having & maintaining her action of aforesaid thereof against him the said Daniel had because she says that the plea aforesaid by him the said Daniel in manner & form aforesaid above pleaded of the matter in the same contained ar not sufficient in law to preclude her the said Miriam from her actions aforesaid thereof against the said Daniel had to which said plea she said Miriam hath no necessity nor is bound by the law of the land in any manner to answer: and this she is ready to verify Wherefore for want of a sufficient answer in this behalf she the said Miriam prays judgement and her debt aforesaid together with her damages by reason of the detention of that debt to be adjudged to her.

Fra. Dana Josiah Quincy junr.

And the said Daniel says that his plea aforesaid in manner & form aforesaid above pleaded and the matter in the same contained are good and sufficient in law to preclude her the said Miriam from her actions aforesaid thereof against him the said Daniel had which said Plea of the matter therein contained he said Daniel is ready to verify & prove at the Court Pl. And because the said Miriam doth not answer to that plea nor hitherto in any way deny the same he the said Daniel as before prays judgment.

Debt on Bond.

Said Judge did then and there allow six months from the said seventh day of Sept. Instant unto the creditors for bringing in their claims and proving their debts all which by the record thereof in the said Judges Court of Probate for said County remaining appears; and the said Sarah further says that the same estate is now depending as aforesaid, wherefore she prays judgment & that no further process in law upon the said Francis Dana's action aforesaid may be allowed had or maintained; but that he may now thereof be barred.

Sewall

And the said Francis Dana Executor as aforesaid saith that he by any thing by the said Sarah Dean Admt. as aforesaid above in pleading alledged ought not to be precluded from having and maintaining his action aforesaid agt. her because protesting that the estate of the said Edwd. Deane is not insolvent & insufficient to pay all his just debts and that she never did represent the said estate to be insolvent and insufficient to pay all the just debts which the said deceased owed unto the Hon. Sam Danforth Esq Judge for Probate of wills ye for said County of Middlesex & further protesting that the said eltate is not now depending as the abover in pleading alledges for plea the said Francis Exr. as aforesaid saith that there is not any such record of the said Edward Dean's estate being represented Insolvent & insufficient to pay all the just debts which the deceased owed by the said Sarah Admt. as aforesaid unto the Hon. Sam. Danforth Esq. Judge for the Probate of Wills ye for the said County of Middlesex & of his nominaing & appointing appraisers commissioners &c as she in her said plea above hath alledged in the said Judges Court for Probate of Wills &c for said County of Middlesex at Cambridge aforesaid remaining. And this the said Francis Dana is ready to verify wherefore he prays judgt. of the debt aforesaid together with his damage occasioned by the detention thereof to be adjudged to him &c.

Dana

Debt for not making partition fence

No.3 Summon A. of ---- Admr of &c of B. late of ---- deceased intestate to answer to E. of ---- in a plea of debt for that the said B (in his life time) & the PH were owners & proprietors in severalty of two certain tracts and parcels of land lying in said ---- and adjoining to each other and the said several tracts on the ---- day of ---- were in the occupation & under the improvement of their respective owners in which case the said B & the PH as owners as aforesaid were by law reciprocally obliged to make & maintain the partition fence betwixt the same two tracts of land at their joint and equal expense. Now the PH says that on the ---- day of ---- the said partition fence was in a bad and ruinous state and gone to decay & that the sd. B. did neglect & refuse to build & repair his one half part of said partition fence as by law he ought to have done. Whereupon the PH on the ---- day of ---- at said ---- did erect buildup & repairs the whole of said partition fence at his own proper cost & charge the whole expence of which amounted to ---- whereby & by force of andebt of this Province made & passed in the 10th year of our royal predecessor H. Wm. Z. entitled "An act for explanation & in addition to an act for regulating fences cattel & O' (reciting the title) the said B. became to liable to pay to the PH the full sum of one half of said sum being £ ---- according to the estimation thereof upon appraisement of which the said B. at said ---- in his life time viz on the ---- day of ---- had notice wherefore by the law aforesaid an action hath accrued to the PH to recover the last mentioned sum of the said B. yet the said B. in his life time never paid the same tho' requested neither has the said A. admr. as aforesaid since the death of the said B. ever paid the same tho' likewise requested but unjustly detains it

Debt on the gaming Act. No. 4 Attach S.B. of ---- to answer to S.S. of ---- whos [??] as well for the poor of the town of ---- in our said County of ---- as for himself in a plea of debt for that one S.S. of ---- on the ---- day of ---- but ---- aforesaid played with the said S.B. a game at cards called ---- and the said S.B. then & there at the said play won of the said S.S. the sum of ---- contrary to an act of this province entitled "an Act to prevent gaming" for money or other gains & the S.S. paid the said S. B. the said sum of ---- so left but has not pro???ted him the S.B. for

Debt on the gaming Act.

for it or the value thereof nor received the said sum or the value thereof from the said S.B. Whereupon the said T.S. saith that the said S.B. at ____ aforesaid received of the said T.S. the aforesaid sum of ____ to the use of him the said S.B. wherefore & by the law aforesaid an action hath accrued to the Plt to sue the said S.B. for that sum & to recover it of him & further to sue for & recover of him the said S.B. the further sum of ____ being the treble value of the aforesaid sum of ____ to be disposed of as the act aforesaid directs yet the said S.B. has not paid either of the sums aforesaid tho' requested but unjustly detain them. &c.

No. 5 Debt for not Exhibiting an Inventory

Summon Jonan Cary of ____ to answer to Joseph Putnam of ____ who sueth this action as well for the poor of the town of ____ as for himself in a plea of debt for that one James Cary late of said ____ Gent. on ____ being seized & possessed of a considerable real & personal estate made his last will & testament in writing & after diverse bequests & devises therein mentioned appointed Sarah his wife the said Jona Cary & one Daniel Ingersol Exr. thereof & afterwards the said James Cary died seized & possessed of such real & personal estate & afterwards viz' on the ____ day of ____ the said last will & testament being presented by the said Sarah Jona & Daniel to the Judge for Probate of Wills &c. for said County for probate was then as said ____ by him dul proved & approved of the said Sarah Jonan & Daniel then & there took upon themselves the charge of Exrs. thereof & took the estate into their hands whereupon they by force of the Province law in such cases made & provided became obliged to exhibit into the Registers' office of the Court of Probate for our said County of ____ a full & true inventory upon oath of the whole estate aforesaid so far as had then came to their hands & knowledge within the space of three months next after the probate of the said will as aforesaid or at such further or longer time as the said Judge should deem to allow therefor or otherwise to give bond with one or more sufficient sureties to pay the debts & legacies of the said Testator on pain of forfeiting 5 £[??] month for every month's neglect thereof afterwards. And the Plt aver that no further time beyond the said three months was ever allowed to the said Executor for the purpose aforesaid and that the said Sarah & Daniel two of the said Executors are dead &