Transcript in the case of Simonds verses Hazen and White

Transcription

1 Transcript in the case of Simonds verses Hazen and White c1797 Document type is: legal document Authors: Summary: Transcribed in Ward Chipman's handwriting. Dimensions: 123/4 x 15 1/2 (123/4 x 73/4) Pages: 1 leaf Document Housed at: Saint John Free Public Library Call No.: a Lemuel Cleveland came here to live in the year 1774 knows red-head the high bluff be tween the Point of the City and Point Mispeck that it has always been called by that name & that he knows no other red-head that he was in this Country when the French had a fort where M r Simonds's house now stands about the year 1757 That the same place was then called Red-head that he remembers the decision of the Pilot when he came into the har bor at that time to from Windsor to steer by Red-head so as to avoid the flats that he has often been upon Red-head that he has [] to look out for land that he has often heard M r Simonds say that his bounds extended to red head that he uniformily claimed that as his boundary, that he Cleave land, wanted to get lands there but was told by Simonds that the lands [illeg.] there and on this side belonged to him & the Company Elijah Brooks came here in 1765 or 1766 that he has known red head ever since that time, that it has always been called so,

2 that he has never known any other [red] head that he has always understood that was the boundary of the Company's lands that it has always been claimed as such by M r Simonds & the Company that he has heard them all say it was their bounds innumerable times lived in the comp any's Service 12 years or thereabouts. -2- Samuel Allen has been in the Country 9 years worked upon his marsh & thereabouts the first 4 years, M r Simonds asked him if [illeg.] know there was two red heads never heard of any Red-head but one was a chain bearer at the last survey M r Simonds asked him if if he did not know there was two red-heads. he said no he then asked the surveyor who said he never heard of any red-head but one M r Simonds said the place called red-head was red-bank and that red-head was there at the little River he is satis fied that the bank there was not broke when he went up the river Simonds asked him if he recollected whether the bank was broke or not be fore he went up the river he answered to the best of his recollection it was not broken, to which Simonds made no reply. The Surveyor said he must begin wherever M r S directed in running the line from red head to the Marsh you came out to the [] of William Hazen's mark has always understood the boundary was red head Daniel Haycock has heard M r Simonds [illeg.] his bounds Say the first point was opposite his home [illeg.] of to York Court & [illeg.] up to red head has never heard of but one red head & understood Simonds [illeg.]

3 Testimony In Ejectm t cause Simonds vs Hazen & White Godsoe, Grenough, Cleaveland Brooks Allin -3- Godsoe & Clark [illeg. x2] last being at work upon the Same upon the Marsh Si monds told him, when he found his grant was bounded at Redhead & that the course took in so much water he went to Morris & asked line where his bounds were who told him that it begins at a large red head on the East side, of the Bay as you go into the harbor who after some con versation & saying he did not know it took in so much water asked him if there was no other red-head Simonds told him there was at Little River Morris told him he might go & make his bounds there accordingly Simonds came home & marked his bounds there. Morris said it was

4 opposite partridge Island. William Godsoe has lived here since July 1765 has known Red-head ever since that time. has often heard M r Simonds say that the line of the Grant of the Company's lands by which he understood Hazen Simonds & White, run from Red-head to the Kennebecasis that he also mentioned the course of the line but he does not now recollect what particular course. That he has frequently been at Redhead with M r Simonds that Some time about before the year 1774, being the year or before that time, he went up on this side of the head with M r Simonds and when in the course of conversation M r Simonds being asked if his bounds extended so far, he an swered that they did, that they extended to a small brook in the further side of the head. that the lands on this side the head have been always reputed considered & claimed as belonging to that Company as this Deponent that he knows the part of the Marsh now in Controversy that he has mowed hay there as long ago as 1768 or 1769 for the Company that he was originally employed & sent down by M r Hazen & was frequently told by M r Simonds that he must consider himself as much in M r Hazen's employ Stat. of limitations -4- as in his, that M r White was always con cernedin getting the hay that Since that year 1783 Hazen & White have exclusively time cut the hay there that [] part of the Marsh has been jointly possessed & improved

5 by the Company except for the last 8 or 10 yr when Hazen & White have for the most part improved the whole of it Moses Grenough came into this Country about the year 1773 since which time he has lived hereabouts till 3 years ago he went up the river that he has known Red-head since that time which is the large high bluff head between the South point of the City & Point Mispeck that he was here also in the year 1758 & 1759 when the same was also called red head and that he has never heard of any other place being called Red-head that he has heard Simonds Hazen & White always frequently speak of Red head as the boundary of the Company's lands that he always understood Hazen Simonds & White they claimed to a little brook on the other side of red head that he has been a great many times upon red head and always considered & thought the lands on this side to belong to M r Simonds & the Company, being always so informed by him. that he went down to Red-head with Cleaveland to look out lands, & saw Red-head Marsh but being informed upon their return by Cleaveland that these lands belonged to M r Simonds, he gave up all further thought of getting lands there that the usual way they described the driving Cattle which he used frequently to be employed in was by saying they went from little River to Red head or from Red head to little river and never heard of little Red-head