USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 18
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Wife of William Ellet for abusing the wife of Jno. Rayments, saying she was a fire brand of hell for her lying tongue. Wit : Jno. Rayment and wife of Edw. Bishop. To pay ten shillings or make acknowledgment at next lecture at Salem. She paid the fine and costs.
*Autograph.
167
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July 1, 1659, William Lord, sr., protested against any deed in his name to the use of the church of Salem, etc.
Nicholas Phelps' wife fined 10li. for absence from meeting .*
Tho. Putnam, Robert Rand, Tho. Farrer and John Vinton al- lowed witness fees.
Mr. Gedney to be paid his due and expenses.
Constable Scerry allowed 4s. for going to serve warrants at Marblehead.
Servants of the house to have five shillings.
Marblehead presentments to be heard by Maj. Will. Hathorne.
Mr. John and Mr. Zarubabell Endecot and Danyell Samons fined for excessive drinking.
Fined by the constable of Lynn, Tho. Newell : Thomas Browne, for drunkeness; James Bety, for drinking and swearing; and Callum Mackasascion and Anglish Mackakaion, for being drunk. Newell promised to pay.
Fined by Major Hathorne, 4 : 1 : 1658-9 : Mary Seers sentenced to pay to Mr. Corwin and to the country for receiving and dressing stolen goods in her house, etc., in the absence of her husband, and Robt. Lemon engaged to pay ; Walter Joy fined for being drunk, and Tho. Pitman promised to pay ; Tho. Payne fined for stealing, and his master and he agreed.
Power of attorney given by Mr. Hugh Peeters to Mr. Charles Gott, " taken out of a booke of his written with his owne hands, being in my custody dated
" Salem : 27 : 5:41
" If the Lord Continue my life, then I heareby doe Authorize them to doe in all my affaires, as yf I my selfe were present, as in looking into my house, to dispose of my ground, mill, & other things, as in wisdom they shall see meete.
"Out of a private letter of his dated 20 : 2: 52
" I wish you all good, & pray you to sell my mill house or what you will, that may well be pted with."
Copy made by Hilliard Veren, clerk.
Indenture of Thomas Lyon, son of John Lyon, sometime of Marblehead, who bound himself by order of this court to Frances Collins of Salem, carpenter. Dated, Nov. 1, 1658.
*Wit: Serg. Jno. Porter, Corp. Tho. Putnam, Nich. Potter and Ed. Batter.
168
IPSWICH QUARTERLY COURT
[Sept.
Court held by Maj. William Hathorne, 3 : 8 : 1659 :-
James Smith to be summoned, having been called, and did not answer .*
Richard Rowland admonished for sleeping in public service. He confessed that he slept sometimes .*
Thomas Gray fined for swearing. Will Charles and John Codner promised to pay it .*
Christopher Codner fined for striking Richard Reade with his hand. Wit: Erasmus James, jr.t
Elias White and Will. Wood presented for striking each other in the ferry boat. White fined.#
Tho. Pitman, constable, allowed two shillings for attendance, which was to be paid by the delinquents.
COURT HELD AT IPSWICH, SEPT. 27, 1659.
Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds, Major- Genll. Denison, Mr. William Hubart and Maj. Will. Hathorne.
Grand jury : Georg Giddings, Ens. Tho. Howlett, Renold Fos- ter, Symon Tompson, Edward Bragg, Jacob Perkins, Abr. Tappen, Dan. Thurston, Antho. Sumerby, Sam. Brocklebank, James Barker, Tho. Lever and John Ossgood.
Jury of trials : Lt. Sam. Appleton, Joseph Medcalfe, Robert Day, Will. Addams, Serg. Tho. Clarke, John Whipple, Will. Titt- comb, Steph. Swett, Tristram Coffin, Will. Acye, Rich. Swann and John Tod.
The constable of Topsfield fined for not making return of jury- man.
Major-General Denison v. Samuell Symonds, gent. Trespass. For taking away a load of hay and grass. Special verdict : That if Mr. Wade's testimony concerning the bounds and Mr. Hall's concerning the bounds of Mr. Winthrop's farm be valid to prove a legal title, notwithstanding the opposition, together with possession, they find for defendant; if not, for plaintiff. The court found that the land on which the hay grew was the plaintiff's by many years' possession and within a fence set up by agreement between
*Marblehead presentment.
+Wit : Tho. Ellis. Marblehead presentment.
¿Wit : Tho. Ellis, Jno. Codner and Edw. Reade.
169
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them. Judgment for plaintiff. Appealed to next Court of As- sistants .*
*Daniel Denisont deposed that July last was twenty-four years since " the line of partition between the farme granted to Mr. Dudley & myselfe and Mr. Winthrop & Mr. Wade was agreed to and concluded by Mr. Wade, John Gage & myselfe, there being also present as I remember Goodm. Perkins, Goodm. Shatswel & John Manning, which line was to run from a walnut tree then standing neere the now dwelling house of Willm. fellowes, through a glade or hollow in the Eagle's nest, where the fence now standeth to Labour in vayne Creeke. That the Lot layers (whereof John Gage was one, Mr. Dudley being also present) layd out our farme from the sd line & particularly from a straight red oake then standing in the glade (felled by mr. Eps about 3 or 4 yers since as I am in- formed) which was marked by them or by their orders. That our way to the farme being generally through the said glade or hollow close to the sd marked tree, and within 6 or 8 rod of the crotched tree. yet I never knew or observed any such crotched tree upon the Eagles nest nor ever heard of any bounds claimed to it til the last winter." Dated, Sept. 27, 1659.
Jonathan Wade also swore that the discourse was not all upon one day, etc., in court at Ipswich, Sept. 27, 1659.
Maj. Gen. Dennison's bill of costs : John West, 1 day, 2s .; Robert Roberts, 2 days, 3s .; fetching home a testimony from exe- ter, 2 dayes, 4s. ; Richd. Brab: 2 dayes, 3s .; The actions entring my owne attendance, 7 dayes, 20s. 6d .; fileing 17 evidences, 2s. 10d .; total, 35s. 4d.
Elder Whipple, Mr. John Appleton, Theophilus Willson and Richard Brabrooke deposed that in July last, standing about the fence near William Fellows' house where they say the walnut tree stood, etc. Sworn in court at Ipswich, Sept. 27, 1659.
John West deposed that about seventeen years before he lived at the Major-General's farm, having hired it, etc. The fence was made by ditching the meadow and by rails on the upland. Sworn in court, Sept. 27, 1659.
John Gage, aged about fifty years, deposed, mentioning Mr. Wade, John Sechwell and John Manning. Sworn in court, Sept. 27,1659.
Samuel Hall deposed that about twenty-three or twenty-four years ago Mr. Winthrop's farm was laid out. Richard Jacob was one of the lot layers, and they said that there was no need to mark the bound on that side for the tree was so obvious a mark, standing right in the line, etc. Sworn, Sept. 27, 1659.
John Gregory, Gillicrest (his mark) Rosse and Phillip (his mark) Wellsh deposed that they heard Richard Brabrooke say, at
tAutograph.
170
IPSWICH QUARTERLY COURT
[Sept.
Mr. Robert Payne v. John West. Debt. Withdrawn.
William Fellows, tenant to Rich. Saltonstal, Esq. v. Henry Ben- nett. Trespass, for taking his hay off his land and by claiming his land for which he paid rent. Judgment for plaintiff. Defendant appealed to Court of Assistants .*
their master Symonds' house, that the hay was his and he would have his pay for it, and that the Major had nothing to do with anything there until some time in March. Sworn in court, 27 : 7: 1659.
Corporal Gage deposed that the forked tree was the bound.
Richard Brabrook deposed that " last Spring when Mr Symonds atached me about the land now in controversy I considering that I had but one yeare of my lease to come and that I was then re- moving to another farm I had hired and not willing my landlord should be wronged by my want of skil to deale in law and to avoyd trouble I did ||at that time| upon these considerations give up all the interest I had in that land to my landlord, the proffit that would be of that ground for one yeare I know would be little or nothing to me," etc .; that he had known the farm for fifteen years, and there had always been a tall straight tree in the hollow of the Eagle's nest, until Mr. Eps felled it, etc. Sworn in court.
Jonathan Wade,; George Giddinge,t John Dane,t Thomas Bishop, ¡ Simon (his mark) Tomson, Daniel Hoveyt and Thomas Burnumt were appointed by Mr. Symonds to view the forked tree, etc., last of Sept., 1659. Sworn in court.
John Gage deposed that he laid out the land, etc. Sworn in court.
Robert Roberts, aged about forty years, deposed that he had known the farm from the first, and for divers years was employed there to make hay and tend cattle in winter, when Mr. Winthrop made use of his farm, and for twenty-three years had never heard of any forked or crotched tree nor of any other but a line from a walnut tree near Goodman Fellows' house, etc. Sworn in Ipswich court.
Jonathan Wade deposed that when laying out the lots they came to a walnut tree near the fence which is now between William Fel- lows and Henry Bennet, etc. Sworn in court at Ipswich, Mar. 29, 1659. Copy.
*Writ, dated, Sept. 22, 1659, signed by Robert Lord,t for the court, and served by attachment of eight acres of land, by Edward Browne, j marshal.
William Fellows, aged about fifty years, deposed that about four- teen years since there being a fence to be made between Mr. Sal- tonstall and Mr. Wade, Mr. Saltonstall desired the deponent to go to Mr. Wade and Goodman Gage and ask to be shown the line now
tAutograph.
171
RECORDS AND FILES
1659]
Lt. Samuell Appleton v. John Foster. Trespass. For taking tobacco contrary to law. Verdict for plaintiff, 200li. The parties agreed to call it 20li .*
Zacheous Goold v. William Nicolls and William Clarke. Tres- pass. Withdrawn.
Symon Tuttle v. John Haseltine. Trespass. For withholding a mare and mare colt. Verdict for plaintiff, 30li. if the mare and colt be not at Mr. Baker's within a month. t
in question, which accordingly they did, etc. Sworn in Ipswich court, 27 : 7 : 1659.
John Gage deposed that they altered the line somewhat when Mr. Wade's farme was laid out. Sworn in court.
Robert Roberts, aged about forty years, deposed that he had known this farme of Henry Bennett's which was formerly Mr. Wade's above twenty-four years, being employed there for five years, etc. Sworn in court.
Jonathan Wade, sr., Samnell Graves and John Gage deposed. Sworn, 27 : 7: 1659.
Daniel Denison deposed that above twenty years ago while Mr. Dudley possessed the farm they cut the grass and made the hay for several years without any molestation, etc. That the line was between the two houses on the farms to Chebockque creek by the utmost point of an Island. Sworn in court.
*Thomas Jakob, aged about eighteen years, deposed that upon some discourse with John Foster about the burning " of my uncle's barn," he said it should be a warning to him as long as he lived. Sworn in Ipswich court, 27 : 7: 1659.
Franses Walker deposed that immediately before his master's farm was afire, he saw John Foster smoking his pipe at a stump about a rod or two distant from the corner of the barn, where the fire started. John Foster told him immediately after the burning that it should be a warning to him as long as he lived, etc. Sworn, 27 : 7: 1659.
Lt. Apleton affirmed that John Foster showed him a place near the barn where he took tobacco and, as he said, put out the fire of his pipe.
+Writ, dated, Sept. 17, 1659, signed by Robert Lord,; for the court, and served by Edward Browne,# marshal, by attachment of house, barn and twenty acres of land of the defendant.
Tho. Lowthropt deposed, Sept. 26, 1659, that the mare was once his, but went astray and was then in the custody of Goodman Gould. Mr. Tuttle was also present, and having been at some charge about the mare and colt, deponent fully gave them the colt for their trouble and charge.
#Autograph.
172
IPSWICH QUARTERLY COURT
[Sept.
Plaintiff's bill of costs : Thomas Giddings and Goodman Grifing, witness fees, and trips to Charleston and Romlemarsh.
Sarah Martine, aged about twenty-six years, deposed that " I heard my father mr John Tuttle & my mother his wife say yt ye Graye mare yt was some tyme kept at Cozens John Tuttles Farme att Rumlie Marsh was my brother Simonde Tuttles Mare & was giuen to him when she was a foule, and ye aforesd mare hath binn in my Brother Thomas Burnums keeping since my mother went for England." Sworn, 13 : 4 : 1659, before Val. Hill,* commissioner.
Robert Smith, aged about thirty-three years, deposed that " I live- ing with Mrs Tuttle (Symon Tuttles mother) about 8 or 9 yeare agoe I heard the abouesayd Mrs Tuttle say that that young mare colt which was then in my sayd Mrs keeping which colt I was in- formed came of that stray mare that was challenged & had away by Capt. Lawtroope I say that he sayd Mrs Tuttle sayd that that mare colt was her son Symons colt this was when her husband Mr Tuttle was in England, this colt was branded upon the neare shoulder with an E." Sworn in Ipswich court, Mar. 29, 1659. Copy.
John Tuttle, aged about thirty-three years, deposed that " I heard my uncle MrJohn Tuttle & my aunt his wife say that that mare that Thomas Burnam fecht from my house at Romle marsh was Symon Tuttle his mare & that he left one colt there with me being then about 4 years of age & that I have heard my sayd Aunt say since my Unckle went away, being in my unckles stead that this abouesd mare was her sonn Symons mare. And I further say that ye sayd Burnam had," etc. Sworn, 21 : 1 mo : 1658-9, before Thomas Mar- shall, commissioner. Copy.
John Giddings, aged twenty-one years, deposed that " I herd my Unkell Martyng Ask my grandmother Tuttell to let him have the gray mare that was sometimes kept at my Unkell Thomas Bor- noms," etc. Sworn, Sept. 20, 1659, before Samuel Symonds .*
Thomas Giddings, aged about twenty-three years, deposed that " when my granmother Tuttell dwelt at Ipswich I hard hir say that the gray mare was her son Symons and it hath bin in Thomas Bor- noms keeping since my granmother went for England. The mare . had been called Symons' by my unkell John Tuttell & by my Ant hanah" and others. Sworn in Ipswich court, 27 : 7: 1659.
Johanah Grene, aged fifty-nine years, deposed that "when my sister Tuttell dwelt at Boston the same yeare she went to England she was saying shee would goo to Ipswich and I asked hir if she would goo By Boat or Ride And shee toald mee shee would Ride upon hir sonn symons meare which was at his Cosen John Tuttells at Romlie march." Sworn, Sept. 24, 1659, before Richard Russell .*
Edward Hecock, aged twenty years, deposed that " 4 or 5 yrs. ago he heard Mrs Tuttle say that the mare & fole that was in my mas- ter John Tuttles keeping at Romlee Marsh was her son Symons & that Thos. Burnam took it from his masters farm & left them a
*Autograph.
173
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gray horse, at another time I heard his brother Tuttle say that the mare was his." Sworn, 21: 1: 1658-9, before Thomas Marshall, commissioner. Copy.
Humphry Grifing, aged fifty-three years, deposed, that " before Mistris Tuttell went for Irland," etc. Sworn in Ipswich court, 27 : 7 : 1659.
Mary Burnam, wife of Thomas, aged thirty-five years, testified, " that twice in that letter my mother sent in answer to my husband when she was readi to goe out of cuntry my mother called the ould mare and colt part of her husband's estate." Sworn in Ipswich court, Apr. 29, 1659, by Thomas and Mary Burnam.
Letter addressed " To her louing Son Gorg Giding dwelling In Ips in Newengland these :"
" Sone Giding and dauter
" these are to lett you understand that the lord hath taken to himself my deare husband & left me disolat In a strang land and in dept by Reson of Simans keeping the Returnes from barbadous, grife that || he | hath taken for his to sonns hath brought | upon him | a lingring deseas lost his stomuce and pined away never sick tell the day before he died which wos the 30th of december I pray talke | with | Mr Jeuett about that which I left with you & him this 3 yeares. I have nott hard of any thing that he hath done I cannot hear of the cattell nor what increas the mare hath nor the Rent I pray lett things be Ready for I have wright to John law- rence to take them into his hands if Simon ore John should com lett nott them medell with any thing there, my husband hath given them som thing in his will which I shall paie them, now I will keep the state in my one hand as long as I live it may be I may se new ingland againe I pray louke to my house that it be nott Reuined, hanna is to be maried shortly to a good husband one that lous her well and a hansom man she is a great comfort to me, I sent Jane a smale token by Mr weber that went from hence to Jeimcas and so to new england I like Ierland very well we haue had nether frost nor snow this winter butt very tempeat weather which agrees with me well my husbands death went neare, the lord give me good of it & make up my losse in him selfe a teach this - sharp Rod to submit to the will of my god that - I had need of it I pray Re- member me att the throne I should be glad that you would Right to me that I may heare from you I haue not one letter this yeare which I wonder att Remember me to all yours and to all my frinds that aske of me, no more att present butt the lord bless you with all sprituall blessings in heavenly things in Christ which is the prayer of your afecinat mother
" Joanna Tuttell*
" hanna Rem her kind loue to you & all yours
" Carrickfergus the 6th of Apriell 57."
*Autograph.
174
IPSWICH QUARTERLY COURT
[Sept.
Thomas Bishop v. John Applefourd. Debt. Verdict for plain- tiff .*
Letter addressed " To my Deare & Louing Daughter Jane Gid- ding att Ipswich in New England, These :"
" Dauter Jane hauing an oportunity I could nott omit to lett you understand that we are all in good health blessed be god. I hop you Receaved my last dated in february wherin I wright larg- ly which now I shall omit god hath dealt graecously with me and fred me of the troubles of the world the lord giue me grace now to spend the litell time I haue to liue, more to his glory the letter I Receaved from you I lay by me as a cordiall which I often Re- fresh my selfe with If you know how much it Rejoyced me to hear from you, you would nott omite I pray lett me hear how your breach is made up in Respect of the minstrey which I long to hear, if you haue M' Cobete I pray present my loue to him and tell him I liue under a very honst man, wher I inJoy the ordinances of god In new england way we want nothing but more good company the lord increace the number, Jaen I pray intreat your husband to looke to oure besines I hear Richard Schwell hath paid noe Rent I pray speake to him and gett it 48li send me word what increase ther is of oure mare and whether Thomas Bornum have groucelled the house ore not simon deals very bad with his father he lies at Barbados and sends noe Retorns butt spends all, his father will haue no mor goods sent to him, I could wish I had no such cause to writ I thinke he & John intends to undoe ther father, Jane you haue | many | sons the lord blese them & make them comforts to you & nott such aflictions as ours are I have done only my dear & harty loue to your hussband & selfe and children I leav you to the lord how is abell to keep and preserve you to his heau- enly kingdom which is the prayer of your dear and loning mother " Joanna Tuttellt
" Carrickfergus
" Oct the 3ª 56 " my deare loue to you yor husband and yors.
J. T."
Written on reverse of letter :-
" Hatts a combe: yarde a nayld of sea : yard & 3 qua for beck-5 yards english mohire triming 4 yard haf lase at 6ª : 4 yards of lac for my wife becks to - 4 yards lace & someth to border it: silck to set it on 3 yards for abbegal coat 2 yard of serge for a dublet for mee a knife for James and a incorn for Sam Simon a shirt hollen at 48 or dowles 3 yr half apern strings for Abys aporn also a good peniston to make my wife a wascoate with triming for it. Starch 21. uoros blell clasp for wascoat."
*Robbert Powell deposed that John Appleford received of Thomas tAutograph.
175
RECORDS AND FILES
1659]
John Baker v. Corp. John Andrews. Trespass. For taking and marking his heifer.
Frances Ursellton v. John Godfrye. For not performing a sum- mer's work. Verdict for plaintiff.
Serg. Thomas Hale v. Joseph Mussey. Debt. For ten bushels of wheat promised to be delivered to Mr. John Webb of Boston. Verdict for plaintiff. Two cases .*
Bishop of Ipswich some particular goods, two great bars of iron, two pieces of serge, dimity, canvas, napkins, silk, powder, steel and a shirt cloth. Sworn in Ipswich court, 27 : 7 :1659.
Writ, dated, 29: 4: 1659, signed by Hillyard Veren,t for the court, and served by Samuel Archard, t marshal.
Issack Ong deposed that he met with John Godfere at Goodman Parllys when he came out of Ipswich jail and he said he was en- gaged to work for Uselton all summer. Also for the want of twenty rods of two rail fence he suffered damage from a cow, etc. Sworn in Ipswich court, 27 : 7: 1659.
John Howt deposed that Godfree engaged to work for Usseltuns from the fifteenth or twentieth of April until Michaelmas, and was to receive eight shillings per week, and that he had received 4li. 14s., in consideration of service, etc. Sworn as above.
Danill Black and John Baker, jr., deposed that being at Goodman Usselton's house, they saw that about six acres of corn was spoiled for want of tending with the hoe, etc. Sworn in Ipswich court.
*Writs, dated, Sept. 5, 1659, signed by Anthony Somerby,t for the court, and served by Anthony Morse, sr.,f constable of New- bury, by attachment of two cows of defendant.
John Knight deposed that being at Steven Swett's house about the middle of January last, he heard the bargain between Hale and Muzzy, etc. Sworn in Ipswich court, 27 : 7: 1659.
Henry Jaques and John Halle deposed that Thomas Hale, sr., asked Joseph Mozey what had become of the ten bushels of wheat which he promised to send to Boston for him. He said he sent it down according to orders and that it was for him, etc. Sworn in Ipswich court.
Bill of charges: To Newbury to serve the attachment ; and go- ing to Newbury to summon two witnesses ; total, 4li. 14s. 10d.
Walter Price, aged about forty-six years, testified that about Nov. 30, last, Joseph Mussy, being at deponent's house with Ser- geant Heale, said that the ten bushels of wheat were ready at Bos- ton, 24 : 7 : 1659, etc. Sworn, 24 : 7 : 1659, before Wm. Hathorne.t
Theodore Price, aged about sixteen years, deposed that Joseph Mussy and Sergeant Hale were at his father's house, etc. Sworn, 24 : 7: 1659, before Wm. Hathorne.t
tAutograph.
176
IPSWICH QUARTERLY COURT
[Sept.
Joseph Mussey v. Serg. Thomas Hale. For unjust molestation. Verdict for defendant.
Apphia Hale, aged about seventeen years, deposed that being "in her father's house with her father and Joseph Mussy of Newbery, Mussy agreed to make it good if the wheat did not arrive at John Webb's in Boston. Sworn, 26: 7: 1659, before Wm. Hathorne .*
Fragment of a letter on reverse of above deposition :-
"passes by my Infirmities I desire that I may regu-him wth true & faithfull service I thanke god they haue - att the Charge to sett mee to schoole & through my master's diligenc wt mee and gods Blessing I have greatly Benefitted myselfe for my time but I hope hereafter to show better fruits of my learning then -eise are I would desire yo" good Mother to send my master Tenn shil- lings for my Arithmatique wch you promised to send the last mid- sommer I pray bee not -kward for my preferment for I hope to bee a comfort to you in yor old age Allso I would desire you- Apparrell me Like an AppIntice for you know how - ave it was wch I brought I pray Mother that wch - doe lett itt bee done Chearefully that soe itt may encourage my unkle & Aunte to Con- tinue their loue towards mee Thus desireing yor loue & your prayers - the Allmighty for mee I for thes time rest but neuer Cease to bee "
Mathew Moors deposed that being hired by Joseph Muzzy, May 3 last, with Abraham Waker to go to Plome Iland to fetch some cattle which Muzzy said should be for Goodman Hale if he could find them, they were so wild he could not bring them. Said Joseph and deponent the same day drove a parcel of sheep and a horse colt to Steven Swett's house where Goodman Hale was ; a little before they came to the house, deponent saw him there, but when they came to the house he was gone, etc. Sworn in Ipswich court, 27 : 7 : 1659.
John Knight deposed that the last of March or beginning of April, Joseph Muzzey desired deponent to go to Boston and it was found that Mr. John Webb had received the wheat, etc. Sworn in court.
Bond of Joseph Muzzey* of Newburrey to Thomas Hale of Salem, for 28li. 10s., to be paid in a mare of his, now in the woods, and the remainder in young cattle, as soon as she can be found to be delivered to Thomas Hale, jr., of Newbury, etc. ; dated, Nov. 30, 1659. Wit : Wa. Price* and Theodore Price .*
Writ, for debt, dated, Sept. 5, 1659, signed by Anthony Somer- by,* for the court, and served by Anthony Morse, sr.,* constable of Newbury, by attachment of house and land of defendant.
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