The Case of Joab Bell vs. John Major

Bell - Major suit - In Writ of Right

Saturday the 10th of October 1793

Present - Joseph Prentis Esqr Judge

Joab Bell - Plt

against In writ of Right

John Major - Deft

This day came the parties by their Attorneys and by consent of parties in this cause agree the following facts in lieu of a Special Verdict, to wit, That a certain George Brickhouse Senr of the County of Northampton being seized in fee simple of the lands in question, made his Will in writing bearing date the nineteenth day of November in the year of our Lord one thousand seven hundred and eighty eight which has been duly proved and recorded in the Court of the said County of Northampton, in these words following to wit, "In the name of God Amen &c." We also agree that the said George Bell and Hannah his wife the devisee of the lands in question, made their Indenture bearing date the Twentieth day of October one thousand seven hundred and nineteen, which has been duly accorded & acknowledged int the said Court of the County of Northampton to their two sons George and Jeodiah Bell, is in the words following to wit, "This Indenture &c." We also agree that after the death of the said George Bell the elder the said Hannah on the first day of March one thousand seven hundred and thirty four sued out a writ of ad quod demmum directed to the Sheriff of the said County of Northampton and is in the words following to wit, Virginia &c. George the Second by the Grace of God &c. We also agree that in pursuance of the said writ an inquisition was Indented and taken before John Stratton Sheriff of Northampton on the 8th day of March 1734 which said Inquisition indented taken &c had &c. We also agree that the said Hannah Bell made her Indenture bearing date the 29th day of March 1735 with a receipt and livery & seizen thereon indorsed duly proven & admitted to record in the General Court of the then Colony of Virginia to her aforesaid two sons George & Jeodiah Bell, which said Indenture is in these words following to wit, "This Indenture made &c." We also agree that the said George Bell the younger immediately after the death of the said Hannah entered into the lands in question and was seized thereof as the law requires and so thereof remained seized and possessed until the 8th day of April 1737. We also agree that the Plaintiff Joab Bell at this time is sixty three years of age and is eldest so and heir of the said George Bell the younger, which said George Bell the younger departed this life sometime in the year 17__.

We also agree that a certain Jonathan Bell was eldest son & heir of Hannah Bell lawfully begotten and made his indenture to a certain Thomas Marshall of the lands in question bearing date the 7th day of May 1724 and duly recorded in said Court of Northampton and is in these words to wit, "This Indenture &c." We also agree that the said Thomas Marshall on the __ day of ____ instituted in the said Court of said County of Northampton an action of Trespass in Ejectment against the said George Bell the younger for the recovery of the lands in question, That at a Court held for said County on the 15th day of September 1736 a special verdict was found in the said action by a Jury duly impaneled and sworn in these words following to wit, We of the Jury find &c. And that at a Court held for said County upon the 9th day of March next following Judgement was thereupon entered for the said Thomas Marshall upon which said Judgment a writ of Habere facias sseisnam was attended to wit, "upon the 12th day of March 1736 awarded and directed to the sheriff of the said County of Northampton in these words to wit, George the Second &c." pursuant to which said writ the said sheriff afterward to int the 8th day of April 1737. Made return thereof in these words to wit, "By intent of the within writ &c." We also agree that the said Thomas Marshall died seized of the lands in question on the __ of ____ anno Domini 17__ leaving Isme Marshall his eldest son and heir at law. That the said Isme Marshall entered into the lands in question and was seized thereof as the Law requires and being so thereof seized did by indenture on the __ day of ____ anno Domini 17__ duly proved and recorded in the County Court of Northampton conveyed the said lands to William Major father to the present defendant which said Indenture follows in these words to wit, "Ths Indenture &c" That the said William Major entered into the said lands and premisses and was seized thereof and being thereof seized departed this life on the first day of June 1785 leaving the present defendant John Major his eldest son and heir at law to the said William Major entered into and became seized of the lands in question & is still seized thereof as the law requires. We agree that if the law upon these fact be for the Plaintiff Judgment shall be entered for the plaintiff. But if the law be for the Deft that the Judgment shall be entered for the defendant and the Court not being advises what Judgment to give in the premisses this cause is continued until next Court.

Source:
Walczyk, Gail M. EASTERN SHORE DISTRICT COURT 1789-1797. Coram NY: Peter's Row 2003: 107.


© Copyright 2003-2012 Gail M. Walczyk
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