USA > Massachusetts > Suffolk County > Chelsea > Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 1 > Part 61
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1 Court Files, Inferior Court of Common Pleas, July term, 1779, in the basement of the Court House in Boston.
615
APPENDIX 3
CHAP. XVII]
appear, with other Due Damages. And have you there this Writ with your Doings therin Witness Thos Cusing Esquire at Bos- ton this twenty eighth Day of June in the year of our Lord Christ one thousand seven hundred and seventy Nine - Ezek1 Price Cler
By Virtue of the within Precept I have attached the Goods & Estate of the within named David Sergent jun! Ebenezer Sergent Daniel Prat Samuel Hutton Prat Yeoman Samuel Prat Taner and Daniel Prat Jur Infant all of Chelsea in the County of Suffolk to the Value commanded in the within Precept & left summones at their respective places of Abode.
Boston June twenty ninth one thousand seven hundred and seventy Nine.
Shubael Hewes Dpty Shff.
I have made Deligent search for the within named David Sergent and Could not find him nor his Goods or Estate within my precinct Shubael Hewes Dpty Shff And the said David Sargent jun' Ebenezer Sargent Daniel Pratt, Sam1 Hutton Pratt, Samt Pratt jun! & Dan! Pratt jun". come into Court & by Wm Tudor their Attorney severally defend &c & say they are not guilty & thereof put &c Wm Tudor
And the Plt likewise. - Benja Hichborn 2
Summons to Witnesses and Certificate of Attendance 3
Suffolk ss. To Sam! Watts Gent - Isaac Watts & Benje Bill yeo- men all of Chelsea in the County afores! Sam! Swan & Daniel Swan of Charlestown Yeomen & Eben! Pratt of Malden yeoman, all in the County of Middle- sex, - Greeting
You are hereby Required in the name of the Government & people of the Masstts Bay in New England, to make your appearance before the justices of our Inferior Court of Common pleas to be holden at Boston, within & for the County of Suffolk on the 2ª Tuesday of July, to give Evidence of what you know relating to- an action or plea of trespass, then & there to be heard & tried be- twixt Sam! Danforth vs David Sargeant & others -
Hereof fail not, as you will answer your default under the pains & penalty in the law in that behalf made & provided, Dated at Boston July A D. 1779 This may certify that we the subscribers gave our attendance at the within court on the within mentioned cause, the number of days written against our respective names -
2 Endorsed when folded: " Danforth vs. Sargent & al. July 1779. New Entries. Hichborn."
3 Filed with the writ of attachment. Autograph signatures.
616
HISTORY OF CHELSEA
[CHAP. XVII
Samuel Swan 3 Days Daniel Swan 3 Days Samuel Watts 3 Days
Isaacs Watts 3 Days Benjamin Bill 3 Days
Verdict of the Jury +
Sam1 Danforth Pltf David Sergeant jun" Ebenezer Sergeant Dan1 Pratt Sam Hutton Pratt Sam' Pratt jun" Dan' Pratt jun" Defts The Jury find David Sergeant jun" Eben" Sergeant Dan1 Pratt Sam1 Hutton Pratt Sam! Pratt jun" Dan1 Pratt jun" Guilty & Assess Damage David Sergeant jun" fifty pounds Eben! Sergeant fifty pounds Dan! Pratt Eight hundred pounds Sam1 Hutton Pratt twenty Shillings Sam1 Pratt jun" Dan! Pratt Jun" twenty Shillings Each
Judgment in the Inferior Court 5
Suffolk ss. At an Inferior Court of Common Pleas, begun and held at Boston, within and for the County of Suffolk, on the sec- ond Tuesday of July, (being the thirteenth day of said Month) Anno Domini 1779. Before the Hon: Thomas Cushing, Samuel -
Niles, & Joseph Gardner, Esquires, Justices. . .
Samuel Danforth of Boston, in the County of Suffolk, physi- eian, plt vs David Sargent Jun!, Ebenezer Sargent, Daniel Pratt,
Samuel Hutton Pratt, Yeomen, Samuel Pratt,
Sargent & al
Danforth VS Tanner, and Daniel Pratt Jun. Infant, all of Chel- sea in the County of Suffolk, Dfts, in a plea of
trespass for that the said David Sargent Jun! Ebenezer Sargent, Daniel Pratt, Samuel Hutton Pratt, Samuel Pratt and Daniel Pratt Jun! (together with one David Sargent upon whom the original Writ was not served) at said Chelsea, on the thirtieth day of April last past, with foree and Arms broke and entered the plaintiff's Close, lying in said Chelsea, and then and there with force as aforesaid broke and entered the plt's dwell- ing house, lying in Chelsea as aforesaid, and there with foree as aforesaid the plt out of the possession thereof put and kept from the said thirtieth day of April to the twentieth day of May last past, all which is against the peace and to the damage of the said Samuel Danforth as he saith, the Sum of two thousand pounds. And the said David Sargent Jun" Ebenezer Sargent, Daniel Pratt, Samuel Hutton Pratt, Samuel Pratt Jun! and Daniel Pratt Jun! come into Court and by William Tudor Esq! their Attorney, sev-
-
Filed as above.
" Records of the Inferior Court of Common Pleas, 1776-1779, f. 144.
1
1
İ
617
APPENDIX 3
CHAP. XVII]
erally defend &c and say they are not guilty and thereof put &c ___ And the plaintif by Benjamin Hichborn, Esq his Attorney like- wise : this case after a full hearing was committed to the Jury sworn according to law to try the same who returned their Verdict therein upon Oath, that is to say, they find that the Defendants are Guilty as set forth in the Writ and Assess Damages vizt David Sargent Iun! fifty pounds, Ebenezer Sargent fifty pounds, Daniel Pratt eight hundred Pounds, Samuel Hutton Pratt twenty shillings, Samuel Pratt Iun' twenty shillings and Daniel Pratt Iun! twenty shillings. Its therefore Considered by he Court that the said Sam- uel Danforth recover against the said David Sargent Iun' the sum of fifty pounds lawful money; against the said Ebenezer Sargent fifty pounds lawful money ; and Daniel Pratt the Sum of Eight hundred Pounds lawful money, the said Samuel Hutton Pratt the sum of twenty shillings, lawful money ; the said Samuel Pratt Iun" the sum of twenty shillings and against the said Daniel Pratt Iun! the sum of twenty shillings, lawful money, Damages and Costs of Suit. - The Defendants after entring up of this Judgment came into Court and Appealed from the same unto the next Superiour Court of Judicature to be holden for this County, and entered into Recognizance with sureties as the law directs, for prosecuting their Appeal to Effect.
SARGENT et al APPELLANTS US DANFORTH 6 Recognizance for the Appeal
SUFFOLK, SS. Memorandum
That on the fifth Day of August Annoque Domini, 1779, be- fore the Justices of the Inferior Court of Common Pleas within
6 Nine papers in this case have been preserved in Suff. Early Court Files No. 102,669. One bears the endorsement, -" this Case Contains four Papers Atts Ezekl Price Cler." These papers sent up from the lower court, each attested by Ezekiel Price its clerk, are: (1) A copy of the writ of attachment of June 28, 1779, and of its endorsements, (2) A copy of the verdict of the jury in the lower court. Below the attestation of Ezekiel Price: " Witnesses - S. Watts 13th April 79
S. Swan D. Swan."
(3) A copy of the judgment in the lower court. (4) A Memorandum of the recognizance of the appellant. Two papers filed will not be given in the text: (1) A summons issued August 18, 1779, by Oliver Peabody, Clerk of the Superior Court, to Samuel Watts and the five other witnesses sum- moned to the Inferior Court in July. The form of the writ and of the cer- tificate of the witnesses for three days' attendance at court were verbatim the same as the parallel documents in the lower court. There is no endorse- ment of a service of this summons. (2) A summons issued by " And.
618
HISTORY OF CHELSEA
[CHAP. XVII
the County of Suffolk in New - England, (the Clerk of the said Court being also present) personally appeared William Tudor of Boston, in the County of Suffolk, Esq" Attorney to David Sargent jun" Ebenezer Sargent Daniel Pratt Samuel Hutton Pratt Sam- uel Pratt jun" and Daniel Pratt jun" Benjamin Kent, & Perez Morton Esq's and acknowledged themselves to be severally in- debted unto Samuel Danforth of said Boston Physician in the respective Sums following, viz. the said Tudor Attorney as afore- said, Principal, in the Sum of Ten Pounds, and the said Kent and Morton - Sureties, in the Sum of Five Pounds cach, to be levied upon their several Goods or Chattles, Lands or Tenements, and in want thereof upon their Bodies (for the Use of the said Danforth) if Default be in the Performance of the Condition here under-written.
The Condition of the above-written Recognizance is such, that if the abovenamed David Sargent & others shall and do prosecute an Appeal by them made from a Judgment given against them in the Inferior Court of Common Pleas holden at Boston, on the second Tuesday of July last for the Sum of Nine hundred and three pounds & Costs of Suit, at the next Superior Court of Judi- cature to be holden at Boston, for the County of Suffolk aforesaid, with Effect; Then the above-written Recognizance to be void, otherwise to abide in full Force. Atts Ezek1 Price Cler
True Copy
Atts Ezek1 Price Cler
Testimony of Dr. Aaron Dexter
Aaron Dexter of Boston in ye County of Suffolk Physitian, of lawful age do testify & say that, on the 13th of April 1779 [I] went over to Chelsy to the House of Docr Danforth in said Town, where I saw, ye Doc! He ordered two Women to go out of his House & carry their effects. They refused. He told them if they would not go of their own accord, He should force them, which was very disagreable to him but possession of his own House, he would have. The women, Anne Sergant wife of Daveid Sergant Jun! & Huldah Sergeant Wife of Eben! Sergeant, refuse[d] the Doc! took Anna Sergeant by the Arm & led her out of his House & then Huldah Sergeant went out of her own accord, but the Doctor permitted them both to return on giving their word that they would leave the House when cver he orderd. The Doc! imployed himself in the House for a few minutes in removing the things, Henshaw Cler " February 22, 1779 (sic) to Jonathan Williams of Chelsea, served by Daniel Parks February 22, 1780.
619
APPENDIX 3
CHAP. XVII]
& Ebenezer Sergeant eame up to the Door and asked the Doct! what he meant by comeing into his House in such a manner - I dont, says M! Sergeant, hold the House under you. I have nothing to do with you, I have taken the place with Mr David Sergeant under the Town & I will come into the House, keep me out if you dare. The Doc! told Him if he advancd to the Door to come in He would split his brains out with the Piece of wood he had in his hand. M Sergeant persisted in urgeing to come in to his own house as he termd. The Doc" absolutely refused to let him come in on his peril. M Sergeant then askd the Doc! to let him come in & he would help move his own things & leave the house whenever the Doc! orderd - on these conditions the Doc! permitted him to come into the House I dont remember that he did assist according to his promise - After the effects were removd in general - M" David Sergeant Jun" came into the House in the utmost rage, told the Doc" He was a Damnd Rascal & He would clear the House of every one, that he had nothing to due with him He did not hold the place of the Doc! but of the Town. Mª David Sergeant Stript of his cloaths doubled his fist with all the appearance of an intention to strike the Doc! but did not. At the time that David Sergeant came into the west room to the Doc! Eben! Sergeant Daniel Pratt, Samuel Hutton Pratt, David Sergeant Sen Samuel Pratt with some others whom, I did not know, came into the room in haste with these words, - now we'll see who is strongest, who utterd the sentence I dont know, but some one that came into the room I am certain.
M! Daniel Pratt (being in ye house) ask'd the Doc" what he meant by proceeding in such a manner - You have no business with ye place -we shall know now, who the Place belongs to - Mr. Hutton Pratt walked across ye room & pulld his coat or Jacket of of his Shoulders, come says he let us out with them; out of the room, with much importance, he continued his walks till we left the House. The Docter orderd them all out of the House de- claring it to be his & no man present had any business there. He told David Sergeant Jun" that he was made a Cats Paw of by the Town. M. Sergeant answer'd that if he was, he could Scratch. He with all in the room refused to leave it ever by his commands. The Doc! said, after repeating his orders for them to leave the House - we will go these People will keep ye Place by force. After we had got into the road David Sergeant orderd the Doc! to bring in his things, or by God he should pay for them. The Doc" says if they lay there till I bring them in - they will lay forever. Boston
August ye 24 1779.
Aaron Dexter
620
HISTORY OF CHELSEA
[CHAP. XVII
County of Suffolk. Boston Aug! 24th 1779.
Then personally appeared Aaron Dexter & made oath to the truth of the aforewritten Testimony, by him subscribed. Before Joseph Gardner Just Peace.
Agreement of Counsel 7
The Parties agree that under this Plea the Jury may consider the Defts severally as to their guilt & as to the Damage to be recovered of them if any & that no Exception shall be taken by either Party to the Verdict on this account.
J Lowell Wm Tudor
Verdict of the Jury
David Sargent Jun! Eben" Sargent, Daniel Pratt Sam1. Hutton Pratt, Sam1 Pratt & Dan! Pratt Jun" Appellants, Samuel Dant- forth Appellee. The Iury find the Apts guilty as the Appellee in his declaration has declared against them, & assess damages, David Sargent Jun" One hundred & Sixty pounds, Eben" Sargent One hundred & Sixty pounds, Dan! Pratt Seven hundred pounds, Sam! Hutton Pratt One hund & Sixty pounds, Sam! Pratt Ten pounds & Dan! Pratt Jun! Ten pounds -
Boston 22ª Feby 1780
Wm Breck Foreman
Bill of Costs
Suffolk Inferior Court . Comn pleas July 1779.
Danforth VS Pts Costs
Sargeant & al
Writs & service 6 : 9:
Deeln in writ & summons
1: 1: 0
Attorys fees
4: 0: 0
Court fees
3: 12 : 0
Plts Attendce 3- Days 3 : 12 : 0
7 Witnesses attendce 3 Days each
21 : 0: 0
( Witnesses travel 5 two miles each. One three Do)
Jury fees &ea & Court fees on tryal 22 : 4: 0
Filing & Taxing
1 : 4 :
Exd Ezekl Price Cler 63 : 2: 0
Suffolk Superior Court August 1779
Sargeant & als Appelts Appellee's Costs
VS
Danforth Appellee
Inferior Court Bill -
63 : 2 : 0
An endorsement on the certified copy of the verdict in the lower court.
621
APPENDIX 3
CHAP. XVII]
Superior Court Bill
Entry of action . 5: 8: 0 Court fees
Plts Attene -3- Days 3:12 : 0
7 Witnesses travel 5 . two miles & one three Do
Attorys fees
Contce
0:12 : 0
93 : 14 : -
12
1 Subpæna
94 : 6
Suffolk - Superior Court February term 1780
Sargeant & at Appellt )
VS Brot over
£94: 6: 0
Danforth App'lee -
Subpoena . . 1: 4: 0
Plts attence-2 - Days 4: 16 : 0
7 Witnesses attence- 1 - Days eaclı 14: 0: 0
Jury fees
36 : - : -
Attorney's fees
16 : 0: 0
Taxing Filing &ca Examing
2: 2: 8
Examd
168 : 8: 8
Att . O. Peabody, Clér.
Judgment on the Appeal 8
State of Massachusetts Bay in New England Suffolk ss
At the Superiour Court of Judicature, Court of assize, and General Goal delivery, begun and held at Boston, within and for the County of Suffolk, on the third Tuesday of February, (being the 15th day of said Month) anno Domini 1780. By the Honble William Cushing Esq! Chief Justice, Nath! Peaslee Sargeant, David Sewall, and James Sullivan Esq!s Justices. . . .
David Sergent Jun! of Malden in the County of Middlesex, Yeoman, Ebenezer Sergent, . . . appellants vs. Samuel Danforth Sergent, & al VS
of Boston in the County of Suffolk Physician, appellee, from the Judgment of an Inferiour Danforth Court of Common Pleas, held at Boston, in and for the County of Suffolk, on the Second Tuesday of July last, when and where the appellee was Plt and the appel- lants were Dfts. In a plea of Trespass, for that the said David Sergent Jun!, Ebenezer Sergent . .. at said Chelsea, on the thir-
8 Records of the Superior Court of Judicature, 1778-1780, p. 145. The omissions may be supplied from the preceding judgment in the lower court.
622
IIISTORY OF CHELSEA
[CHAP. XVII
teenth " day of April last past, . . . all which is against the Peace, and to the Damage of the said Samuel Danforth, as he saith, the sum of Two thousand pounds, At which said Inferiour Court Judgment was render'd that the said Samuel Danforth recover against the said David Sergent, Jun", the sum of Fifty Pounds, against the said Ebenezer Sergent, . . . and costs of suit. This appeal was Bro't forward at the last Term of this Court for this County, when and where the parties appeared, and from thenee said appeal was Continued unto this Court; and now the parties appear and the Case after a full hearing was committed to a Jury sworn according to Law to Try the same, who returned their Ver- diet therein upon Oath, this is to say, they find " the appellants Guilty as the appellee has declared against them, and assess Dam- ages, - David Sergent Jun" One Hundred and Sixty pounds, Ebenezer Sergent, one Hundred and Sixty pounds, Daniel Prat, Seven Hundred pounds, Samuel Hutton Prat, One Hundred and Sixty Pounds, Samuel Prat Ten pounds, and Daniel Prat Jun! Ten pounds " - It is therefore Consider'd by the Court, that the said Samuel Danforth recover against the said David Sergent Jun" One Hundred and Sixty pounds, against the said Ebenezer Sergent One Hundred and Sixty pound, against the said Daniel Prat Seven Hundred Pounds - against the said Sam- uel Hutton Prat, One Hundred & Sixty pounds . against the said Samuel Prat Ten Pounds, and against the said Daniel Prat Jun! Ten pounds, Lawful Money Damage, and costs Taxed at £168 "8"8"-
I hereby acknowledge to have Recd thirteen Hundred Sixty eight Pounds, Eight Shillings and eight Penee, in full of the Judgment here given, and Costs Sam! Danforth
Att : O : Peabody Cler .
David Sargeant's Bill 10
David Sargeant
1779 april expences for going to bostoun three times concern-
ing dockter Danforth and the Chelsea cummittee . 13: 7:0
for going to Salem three expence . 7: 5:0
expence at iuly cort 4 : 10 : 0
expence at december cort 2: 5:0
1780 expence one Day at february cort 2: 2:0
29 : 9 :0]
" The date in the writ of attachment and the judgment in the lower court was April thirtieth. See supra, p. 618 and note 6, the testimony of Dr. Aaron Dexter and of S. Watts, S. Swan, and D. Swan. The N in thirtieth in the writ of attachment was interlined.
10 Chamberlain MSS., vi. 123; no endorsements.
CHAP. XVIII]
THOMPSON SUES FOR THE EUSTIS FARM 623
CHAPTER XVIII
THE END NEAR : THOMPSON SUES FOR THE EUSTIS FARM
W E have seen that Rev. Phillips Payson occupied the Eustis farm, a mile away from his customary residence, from 1776 down to 1782, and even later. This has not been generally known to those interested in Chelsea history, it having been supposed that he always lived at Revere in the old mansion, some years since torn down, which stood where the late Benjamin H. Dewing, Esq., lived at the northwesterly corner of Broadway and Malden Street; nor is this inconsist- ent with his occupation of the Eustis farm by tenants.
When the war had closed, Thompson began to look up his estate in Chelsea, and finding Rev. Mr. Payson in possession, brought suit against him. The following writ is in the hand of Thomas Dawes, Jr., afterwards a judge of the Supreme Judicial Court.1
The Commonwealth of Massachusetts
Suffolk, ss.
To the Sheriff of our County of Suffolk his Under Sheriff, or Deputy, Greeting.
We Command you to summons Phillips Payson of Chelsea & county of Suffolk Clerk (if he may be found within your Precinct) To appear before our Justices of Our Court of Common Pleas, next to be holden at Boston, within and for our said County of Suffolk, on the third Tuesday of April next, then and there in our said Court to answer unto Robert Thompson 2 of Elsham in the Kingdom of Great Britain Esquire in a plea of Ejectinent wherein he demands against said Payson possession of that Tract of Land
1 Chamberlain MSS., i. 67; [the original writ with the official endorse- ments ; a printed form was used].
2 Robert Thompson was a descendant of one of the same name who, in 1639, purchased the site of the first meeting-house in Boston (now the southeast corner of Devonshire and State streets). Old State House Memorial (1882), p. 24, note. See also 6 Coll. Mass. Hist. Soc., ix. 55.
624
HISTORY OF CHELSEA
[CHAP. XVIII
at Winisimitt at said Chelsea now oceupied by said Payson call'd the little farm, viz about two hundred acres of upland & meadow fenc'd & inclosd from the farm formerly of Lieutenant John Smith Jeremiah Belcher & James [sic] Townsend, formerly land of Rich- ard Bellingham Esquire deceased & afterwards occupied by William Eustace the sea & Creek being the boundaries thereof on the South Easterly side & the buildings thereon also one aere & a half of an aere where the Clay Pit was enelosed between said Tract of Land & Lt Smith's Corn Fields And the said Thomson says he was seised & possessed of said Two hundred & one aeres & a half on the first day of April seventeen hundred & seventy four in his demesne as of fee taking the profits thereof to the value of seventy pounds a year & still ought to have the same but said Payson on the first day of June in the year of our Lord Seventeen hundred & seventy six unjustly entered into the same land diseised the Demandant thereof and still unjustly deforeeth him
To the Damage of the said Robert Thomson as he says the Sum of Two thousand Pounds, which shall then and there be made to appear, with other due Damages; and have you there this Writ, with your Doings therein. Witness Sam1 Niles Esq; at Boston, this thirty first Day of March in the Year of our Lord 1785
Ezek. Price Cler
By virtue of this preeept I have summoned the within Named Phillip Payson by permiting the [said] Payson to Read the Con- tents of the within precept Barth :W Broaders Depty Sheriff 3
The pleadings 4 are as follows:
Suffolk Common pleas July term 1785 Thompson vs Payson
John Brown & Martha his Wife James Allen & William Allen eome into Court & pray to be admitted to defend this Suit in the room of Phillips Payson which being granted ye said John Martha James & William come & defend & say that ye sd Phillips is not guilty in manner & form as ye Plaintiff has declared against him & thereof put &e Benj Hiehborn
and the sd Thompson by Thomas Dawes Jr his Attorney reserving liberty to wave this demurrer & joine issue in ye appeal 5 says that ye plea aforsd of ye John Martha James & William in manner & form before plead is bad & insufficient in law & the sd Thompson
3 [Endorsed "290. Writ. Thomson vs. Payson. July 1785. Dawes Atty. to Demandant."]
4 Chamberlain MSS., ii. 201.
'[The demandant waived the demurrer at the August term, 1787. Suff. Early Court Files, No. 104,718, Paper No. 7.]
+
625
CHAP. XVIII] THOMPSON SUES FOR THE EUSTIS FARM
is not bound to make any answer thereto & this he is ready to verify - wherefore he prays Judgment for his Damages & Costs T Dawes Jr & ye sd John Martha James & William agreing to ye reservation aforsd say their plea aforsd is good & sufficient in law Benj Hichborn
This case was found for the defendants on a question of pleading. Thompson, the plaintiff, took an appeal. The following is the record of the case carried to the Supreme Court on appeal.
THOMPSON VS. PAYSON Copy of the Record in the Inferior Court 6
Suffolk, ss. Commonwealth of Massachusetts.
At a Court of Common Pleas begun and held at Boston within and for the County of Suffolk, on the first Tuesday of July, being the fifth day of said Month, Anno Domini 1785
Robert Thompson of Elsham in the Kingdom of Great Britain, Esquire Plaintiff vs. Phillip Payson of Chelsea in the County of Suffolk, Clerk, Defendant, in a plea of Ejectment.7 . .. To the Damage of the said Robert Thompson, as he says, the Sum of Two thousand Pounds. This Plea or Action was commenced at the Court of Common pleas held at said Boston on the third Tuesday of April last & from thence Continued to this time by Consent of Both Parties And now John Brown & ... Sufficient in law. Both parties being fully heard thereon the Court are of Opinion that the Defendants plea aforesaid is Sufficient Its therefore Consid- ered by the Court that the said John Brown & Martha his Wife, James Allen, & William Allen recover against the said Robert Thompson Costs of Suit The Plaintiff after entering up of this Judgment came into Court & Appealed from the same unto the next Supreme Judicial Court to be holden for this County & entered into Recognizance with Sureties as the law directs, for prosecuting his Appeal.
In this case the trustees, representing the people of Chelsea, prevailed; but only on the pleadings, which did not include the rights of the parties, as will be seen.
6 MSS. Records, 1785, p. 50.
7 [The judgment recites verbatim the writ of attachment.]
8 [The judgment recites verbatim the foregoing pleas of Hichborn and Dawes.]
VOL. I. - 40
626
HISTORY OF CHELSEA
ICHAP. XVIII
While the case is suspended by appeal, I give several facts of interest found in the court files,? and not elsewhere. Thompson's sureties on appeal were John Gardiner and Wil- liam Tudor of Boston. The following paper " gives the date of the judgment (not found in the records), on which the Chelsea people claimed title to the Eustis farm as one of the estates devised to them by Governor Bellingham.
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