USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 13
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Copy of deed, dated Oct. 12, 1680, from Daniell (his mark) Hutchins, sr., of Lin, and wife Eliner (her mark) Hutchins, for 90li., to Thomas Browne, sr., of Lin, dishturner, 100 acres, which was part of the farm that Hutchins now dwells upon and lately purchased of Mr. Jacob Greene of Charlstowne, it being the westerly and northerly part of said farm, bounded "westwardly by the Land of Capt. Thomas Brattle on the north with the hills Bounding that part called the plow plaine Running up to a marked tree Att that corner on the north & north easterly Corner from which said marked tree that Line being Bounded with the Comons and by a high Ledg of Rockes whereon severall pitch pine trees now stand And Runneth six score & ten poles easterly upon that Line unto the Land of daniell hutchins being the Southerne Bounds & from that northeasterly Corner six score & ten poles south- ward to the Land of the said Daniell hutchins being the
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RECORDS AND FILES
1681]
Maj. Tho. Savage, Esq. v. Samuell Apleton. Review. Defendant pleaded for a nonsuit, but the court did not grant it. Withdrawn.
John Davis v. John Tawley. Debt. Verdict for plaintiff .*
southerly Bounds And from that south easterly Corner six score & ten poles southward to the Land of the said Daniell hutchins being the southerly Bounds And from that south easterly Corner six score & ten poles westward that Line as nere as Can be upon a square untill it Come to south with the bounds that Run Between Capt. Thomas Brattle & from thence the bounds to be by the said Capt. Brattles Land as it now Lieth unto the westerly & southerly Corner," excepting a cartway from the now dwelling place of said Hutchens to the cedar swamp, so called, beyond the bargained land nor- therly, which Hutchens reserved; also half of Squire's meadow in Malden. Wit: Oliver Purchase, Daniell (his mark) Hutch- ins, jr., and Joseph Browne. Acknowledged, June 15, 1681, Elinor Hutchins releasing her thirds, before Bartho. Gedney, t assistant. Copy made by Bartho. Gidney, assistant.
Thomas Newhall and William Bassett testified that Capt. Walker showed the bounds of his farm to some of the select- men of Lyn, etc. Sworn in court.
Capt. Walker, aged about sixty-eight years, testified that being appointed with Capt. How by the town of Lyn to lay out several farms, there were granted to him 200 acres of land beyond the Iron works. All the land between this and Mr. Howell's was common. Sworn in court.
Richard Haven, jr., aged about twenty-nine years, testi- fied that Thomas Newall, sr., Thomas Layton, sr., and Andrew Mansfild came to the now dwelling house of Daniell Hichins, sr., and asked deponent if he knew where the fence was that Thomas Browne, sr., made. They told him when they came back that they had thrown down the fence and made a thorough- fare through it. Daniell Hichens testified to the same. Sworn in court.
*Writ: John Davis v. John Tolly; debt; for four wainscot chests made by his order and delivered to him in his house; dated June 23, 1681; signed by John Fuller,t for the court and town of Lyn; and served by Richard Prytherch, t con- stable of Salem, by attachment of the bed of defendant, the summons being left with Mrs. Tauly.
Letter of attorney, dated May 11, 1681, given by John Tauleayt of Salem, mariner, to his honored father-in-law, Thomas Bryden. Wit: Thomas Maulet and Richard Croade.f Sworn, May 11, 1681, before William Browne, t assistant.
t Autograph. # Autograph and seal.
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Nathanill Kirtland, aged about thirty-four years, deposed that he brought from John Davis' shop at Lyn four chests and delivered them to John Tauly at his house in Salem. Davis told deponent that Tauly had them to carry to New- foundland. Sworn in court.
Bill of cost, 3li.
Eleaser Lenesey, aged about thirty-five years, deposed that Davis looked at a chest in Tawleay's house and the latter told him to make two or three as good as that for 25s. each. Sworn before William Browne,* assistant, and owned in court.
Richard Croade, aged about fifty-two years, testified that, on May 7, 1681, he heard Mr. John Tally read from his book his account with John Davis, and the latter did not disown it. Sworn, May 11, 1681, before William Browne,* assistant.
Samll. Blyghe, aged about twenty-two years, deposed that, being in the house of Mr. Wing of Boston in company with John Tawly of Salem and Joseph Cawly, he heard Tawly ask John Davis, joiner, of Lynn, to make the chests, saying he would rather Davis have his money than any one else, at the same time giving him 5s. Sworn, June 23, 1681, before William Browne,* assistant.
John Longley, aged about forty-two years, testified that on May 6, 1681, he heard Davis at Tauley's house call the latter a cheating knave, with many other absurd expressions, chal- lenging him out of his own house to fight, threatening him. He also took hold of a wainscot chest in the room, threw it up and down the room, breaking several pieces of the front of the chest, etc. Davis was very much in drink. Elizabeth Tawley testified to the same. Sworn, June 28, 1681, before Bartho. Gedney,* assistant.
Joseph Calley, aged about thirty-seven years, deposed. Sworn, June 7, 1681, before John Richards,* assistant.
Eleazer Lenesy, aged about thirty-five years, testified that, being in John Davis' house at Line, after he had brought home the cloth, a whole piece of kersey, he said he had bought it of John Tawleay of Salem. Sworn before William Browne,* assistant.
Mary Ivory, aged about forty-two years, deposed that she was at Taulie's house when he received the chests. Sworn in court.
Samuell Ingols, aged about twenty-seven years, and Nathanil Willson, aged about nineteen years, deposed that the chests were worth 30s. each. Sworn in court.
John Longely, aged about forty-two years, and Thomas Eleat, aged about twenty-six years, deposed concerning the assault and that neither Tawley nor his wife could have any
* Autograph.
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1681]
Benj. Ireson v. Tho. Laighton. Appeal from the judg- ment of the worshipful Bartholmew Gedney, Esq. Verdict for defendant, confirmation of the former judgment .*
Joseph Collens, John More and Ensign [Tho. - Waste Book.] Bancraft were sworn constables for Lin.
Wm. Hoare acknowledged judgment to Mr. John Higginson, jr., in fish, beef, pork, corn or wood.
peace while Davis was in the house. Sworn, May 9, 1681, before Bartho. Gedney, t assistant.
*Copy of papers in this action before Bartho. Gedney,t made by Bartho. Gedney, t assistant:
Writ: Tho. Laughton, jr. v. Benjamin Ireson and Phillip Welch, his servant; for said Welch either wilfully or care- lessly riding over a red cow of Laughton's and breaking her bones; dated Apr. 27, 1681; signed by John Fuller, for the court and town of Lin; and served by Jacob Knight, con- stable of Lin.
Judgment rendered for plaintiff, the value of the cow before she was hurt, 40s., the defendants to have the cow. Appealed to the next county court, with Edward Richards and Benjamin Collins, as sureties.
Samuell Tarbox and John Darlin appraised the cow, on May 2, 1681, at 20s. in silver, just what her hide was worth. They lifted her up but she could not stand and they thought she never would.
Bill of cost of Thomas Laughton, jr., 16s.
Elizabeth Darling deposed, on May 2, 1681, that she heard Phillip Welch's mother say that she had let her son to Ben- jamin Ireson, about a month past.
Benjamin Irorson'st reasons of appeal, dated May 2, 1681. Thomas Laighton'st answer, dated Lyn, June 27, 1681, to Benjamin Ireson's reasons of appeal.
Phillip Welch, sr., testified that he had put his son Phillip to Ireson as his servant for one year, and he had nothing to say to it.
Samuell Tarbox deposed.
Samuell Tarbox and Benjamin Redknap testified that they found the cow lying above a lane called Daniell John- son's lane, about twenty poles outside the end of the lane.
John and Elizabeth Darling testified that they were riding along the lane in Lin, when Phillip Welch, jr., came riding after them, overtook them, riding past them at a great pace with his hat under his arm. He rode over the cow, breaking her leg, and did not stop. This was on the Saturday t Autograph.
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Wm. Hoare acknowledged judgment to Mr. Timothy Lindall in fish, beef, pork, corn or wood.
Thomas Dorman took the freeman's oath.
Daniell Davison v. Nathaniell Greeffin. Verdict for plain- tiff. To be paid in white oak pipestaves and red oak hogshead staves .*
Humfry Devorix v. Isaack Williams. Verdict for plaintiff.t
before the last general fast at about three o'clock in the afternoon.
*Writ, dated June 22, 1681, signed by Richard Currier, clerk of the writs for Amsbury, and served by Robert Lord,t marshal, by attachment of a shop, bellows, a horse cart and wheels of defendant.
Letter of attorney, dated June 27, 1681, given by D. Davisont of Newbury, merchant, to Mr. Hugh March, sr., of New- bury. Wit: Jno. Wenbornet and Edward Tyng, jr .; Ack- nowledged, 28 : 4 : 1681, before Tho. Danforth, Dep. Gov. Danill Davison's bill of cost, 1li. 8s. 6d.
Nathll. Griffin Jrs. Dr., June 24, 1678, to 3 1-2 yds. Carsy at 7/6 yd., 1li. 6s. 3d .; 4 duz. buttens, 2s .; 6 Scanes silk, 9d .; 1 yd. cotten, 4s .; Aug. 20, 1678, 1 stock lock, 4s. 6d .; 2 Chest locks, 3s. 6d .; 4 yds. Ribben, 3s .; 1 quier of Paper, 8d .; Oct. 26, 1678, Remnant of Stufe, 2s. 6d .; 2 Scanes of Silke, 3d .; Mar. 13, 1678-9, 6 threed laces, 1s. 6d .; 1 combe, 1s. 8d .; 200 Shoenailes, 10d .; all to be paid in merchantable white oak pipestaves. To Sundry goods to be paid in red oak hohd. staves, May 10, 1679, 1 hatt, 12s .; 1 3-4 yd. galloway, 10s. 6d .; Ribben, 1s .; total, 3li. 14s. 11d. Per Contra, Cr., Sept. 27, 1679, by 500 hohd. Staves, 15s. Due to balance, 2li. 19s. 11d. June 27, 1681, Errors Excepted p me D. Davison .; Sworn at Newbury, 28 : 4 : 1681, before Tho. Danforth,; Dep. Gov.
t Writ: Humphrey Deverix v. Isack Williams; for with- holding 20li. in silver due by agreement dated June 20, 1680; dated June 23, 1681; signed by Hilliard Veren, t for the court and town of Salem; and served by Rich. Prytherck,; con- stable.
John Lander, aged thirty-eight years, testified that being with Isack Williams, his father-in-law, the latter and Hum- phery Deverix agreed that every month's payment should be indorsed on the back of the bill. John Wilkinson, aged about thirty-four years, testified to the same. They further testi- fied that at the same time Deverix bade Williams make a pair of shoes for Joseph Getchell, which was to be credited upon the first month. Sworn in court.
# Autograph.
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1681]
Mrs. White of Newbery had her former license renewed to keep a house of public entertainment and to draw wine and liquor for the ensuing year.
Whereas Margery, the relict and administratrix of Thomas Rowell, deceased, presented an inventory to the Ipswich court in Sept., 1662, and since it appearing that there was a part of the estate not inventoried, and said Margery having removed out of this jurisdiction, court appointed Jacob Rowell, the only son of deceased, as administrator. Capt. Dudly Bradstreet and Ensign Tho. Chandler made oath that Jacob was the son of said Thomas Rowell. Jacob Rowell presented an inventory of the remaining part of the estate .*
Nathanel Peeas deposed that he was present when Williams delivered to Deverex a parcel of dry hides, valued at 3li. 4s., also money at different times. Sworn in court.
Joseph Getchell, aged about thirty years, deposed that Devirex promised that if it appeared that anything toward the debt had been paid, it should be deducted. John Lander testified to the same. Sworn in court.
Humphery Deverixes bill of cost, 2li. 12s. 8d.
Bond, dated June 20, 1680, given by Isack Williamst of Salem to Humpherey Devirex, tanner, of Marblehead, for leather which he had had of him, for 22li. in silver, to be paid monthly. Wit: John Devorext and Joseph Gatchell.t Sworn in court. Humphry Devorixest receipt, dated June 24, 1680, for 15s. 6d. for Isack Williams, sr. John Deverix, jr., and Joseph Gatchell, witnesses, made oath to the signature.
*Petition of Jacob Rowell:t "That whereas ye father of yo' Honor" humble petitioner died intestate in ye year 1662 and administration of his estate was graunted to my mother and y estate then inuentoried disposed of by ye Honoured County Court at Ipswich according to an agreement made betwixt my sd father & mother before marriage which was just & equall as things were then represented to ye Hond Court my self being then hardly out of my infancie, and my mother not soe much taking notice of my future right -ing her - childrens psent profit, I humbly Conceiue, things was not soe fairly represented to yt Honord Court as ought to have been done, for the inuentory then giuen in was false, there being aboue sixscore acres of Land not in- uentored, some meadow & other things, alsoe 50" taken out of my fathers estate in Consideration of wt my mother had when he married her though I cannot understand she had t Autograph. # Autograph and seal.
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John Allen, convicted of and having confessed to notorious and barbarous speeches against authority, the court, judging it their duty to bear witness against such sinful practices, fined him, much favor being shown him on account of his free confession .*
half soe much with her, upon these and other Considerations, I have just Cause to think that ye abousd Hond Court at Ipswich did not dispose of sd estate as they would haue done, had they been rightly informed my humble request to this Hond. Court is that they would be pleased to reuise ye prem- ises, & take such Care of ye only child of a deceased father that he may have his due of his fathers estate, and that others may not goe away with it, to whome it Cannot of right belong." He also requested to be appointed administrator, he being of age.
Inventory of the estate of Thomas Rowell, not included in the former inventory, brought in by Jacob Rowell,t and appraised by Dudley Bradstreett and Thomas Chandler:t One hundred acres in the great division, 100li .; 25 acres of upland on Indian plain, being the third division, 30li. ; meadow on ye west side of Shawshin river in 4 parcells, 30li .; 5 acres of meadow which was the last division of meadow, 15li .; 7 acres & a half of upland which was ye swamp division, 7li .; total, 182li. Where there were 12li. mentioned for meadow, they left out 5 1-2 acres as it was laid out by the lot layers, which was worth far more than 12li.
*Warrant, dated June 20, 1681, for John Allen's appear- ance, signed by Daniel Denison,t and served by Robert Lord, t marshal of Ipswich.
Summons, to Stephen Greenleafe, jr., to appear as a witness, signed by Daniel Denison,t and served by Joseph Pike,t con- stable of Newbury, who charged 1s. 6d. for the service, Green- leafe living about three miles from his house.
Stephen Greenleafe, jr., aged about twenty-nine years, testified that in November last, the day before Salem court, being at Beverly in company with Daniel Waicum of Roule and John Allen of Solsbery, he heard Allen say that red- headed dogs and red-headed rogues ruled the country. Sworn, July 16, 1681, before Daniel Denison.t
Danell Wicom, aged above forty years, deposed that the discourse was about some differences between Major Pike and one Houke regarding lands. Allin said, "frend wickam I tell you this countrey is Ruled by Red hedid curs and Red heded dogs and Red hedid Rogs." Sworn in court.
t Autograph.
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1681]
Court having read a motion from the Suffolk county court for the appointing of persons to join with a committee from that court to lay out a new highway from Lynn to Boston, and considering that the present highway had been long continued and was at first orderly settled, and further not knowing any dissatisfaction in this county with the present established highway, it was ordered that action be suspended, pending investigation .*
John Allen'st petition: "I owne and I pray god to forgiue me, for I do Acknowledgs I haue don Exceedingly wickedly in three Respects, in the first place, I haue stroake the Law of God, in Raising A scandall of the fathers [of] our Common Wealth: 2ly : I do owne that I Neuer had Any Reason to Speake or think any Euill of the Gentlemen but do Declare that I Desire this Paper May be Read for the satisfaction of the Cuntrey that I haue Causlesly and wickedly Abused the Honoured Gentlemen. and 3ly: I was in and Under the Temptation of my Corrupt Base Nature that I Harkened to that; That plunged me into this Great Trouble But I houpe this Honord Court will be pleased to Extend Charity to me and my Case and Take my word that I neuer More will by the help of God do any More So wickedly So Humbley Sub- miting my selfe to y. Good will and pleasure of God and your Honours Marcy: I Subschribe my selfe though not worthey to be so Called by Reason of this Great Misdemeanor Your honou's moast Inferiour Seruant to Command Upon all occasions to my Utmost Power."
*Copy of an agreement of the bounds of Boston, Charlstown and Lyn in 1639, made by Abraham Palmer, Timmothy Tomlyns and John Olliver, appointed by the court to run the line between Boston and Lyn. They agreed "to Run a nornorwest Lyne into the Country from a tree marked standing Closse to brides brook near to the foot path to be Run by a meridian Compase the propriety of Any Lands layd out to the Inhabitants of Lyn being not disturbed." Copy from the Lyn records made by John Fuller, t town clark.
"Boston: June 27 : 1681
"Worp:11 & much hond Gentlemen
"I have accidentally been made acquainted with an order of our County Court obtayned as is prsumed by surprize & since ye same remain ineffectuall without yor Concurrence I prsume to lay before y" ye following Consideracons. 1: That Wynnysymet ferry is stated by ye Gen'll Court & for many years although unprofitable to ye propriet" was for t Autograph.
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SALEM QUARTERLY COURT
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y Countreys Conveniency & in hopes of future advantage mayntayned by M' Bellingham And yt ye Improvemts on yt Estate have been principally For ye Accomodacon of ye Ferry Noe less then Three hundred pounds haveing upon y Compl' of Travellers for want of Convenient shelter been layd out by myselfe for building ye new ferry house & stables woh would in a manner be useless in the place they stand in should ye Ferry be Vnsettled or Removed 2ยช: That ye Ferry by grant & useage for about fifty years is become a Heredi- tament & cannot be Alienated or Destroyed but by ye Gen'll Court & yt for Valluable Consideracon to ye propriet" 3d. That ye project however disguised is private & pticuler (& not publique) advantage & Conveniency had ye last been Intended Some Grand Jury men or Select men of Lyn or Boston would have made Complaint but noe Complaint nor Complaynent are to be found or heard of in our Records nor from ye Clarke yt pass'd ye order Now our Law Seems to provide however Reason Requires yt noe publick order should pass but upon publicke Complaint That ye Informant & Informacon being knowne the ptyes Concerned might have opertunity to object & make defence But for want thereof I am necessitated to this address. 4ly That ye designed way will be far more Inconvent & unsafe as I am ready to Demonstrate then yt soe long layd out & used & That y Vallue of land yt must necessarily be Imploy'd for these new highways, alteracon of fences & to make a firme foundation for a Bridge will be very Considerable and more then ye Towns of Lynn & Boston will be willing to pay But on ye Contrary Boston as is supposed when ye project shall be knowne will Universally oppose it as yt which Infers as great Mischiefe and Inconveniency to yt Towne as to M' Bellingham These Consideracons with ye Remembrance of ye Injury formerly designed M' Bellingham and ye great Expence & trouble to himself & ye Countrey for Redress will I humbly hope prvaile att Salem to Reject this Motion And soe p'vent ye many Inconveniencys yt will otherwise Ensue And oblige mee al- wayes to hon' yor Justice & Remayne
"Yo' most humble & Faithfull Servt
"Richard Wharton."*
Copy of the perambulation between Boston and Lyn on Mar. 30, 1675, by Thomas Laughton, Thomas Marshall and John Newhall for Lyn, and Elias Mavericke, Elisha Huchin- son and John Smith for Boston. They agreed upon "the Line nor norwest as afowrsayd to be the bounds betwixt the Towns: part of wich line wee Run this day And Ouer agaynst the Hows where formarly Richard George Liued wee Agree *Autograph.
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upon a Noatted mark oupon the top of a Little Round hill about ten or twelf Rods to the Westward of the Cart path viz a Great Rock with a heap of stones one it ouer wich Rock Hanges a bough of a white Oake marked in the line." Copy made by John Fuller,* town clerk of Lyn.
Agreement between Boston and Lyn, Mar. 30, 1675, Elisha. Huchinson being desired by Lyn to run the line "wich is between boston Land or Rather Mr Samuell Bennetts Land and Land belonging to Lyn I did Run a line Nor Norwest by a merridian Compas or a neadle touched with his noe variation alowed from the midle of Brids Brook untill wee Came to Redding as wee suppossed and near The Scotch hows at a Crache black oake with a heap of stones about it wee fell about fowr Rods and a halfe to the westward towards boston Land and in the line wee Rane wee marked seuerall Trees and Layd Heaps of Stones and in the line ouer Aganyst Richard Georges Hows wee fell about as much from a formar marke wich was A heap of stones as wee did at the Scotch hows this Line was Rune 22 of Aprill 1671." Copy made by John Fuller,* Towne Clerk of Lyn.
At a county court for Suffolk, Apr. 26, 1681, Capt. Elisha Hutchison, Mr. John Fayerweather and Deacon Jacob Elliott were appointed a committee with a committee from Essex county to lay out the most convenient and nearest way from Lynn to Boston, which is supposed to be over Noddle's Island, and to make return to court. Copy made by Isaack Adding- ton,* clerk.
At a meeting of the selectmen of Lynn, 9 : 3 : 1671, it was agreed that the two following agreements should be entered: "This 13th of May 1662 Articles of Agreement betwene Sam- uell Bennit in behalfe of boston Selectmen of the one part and the sellectmen of Lyn on the other part viz to settle the bounds between our Towns as followeth that wee doe Agree to measur from the middell of bryds brooke wher the foot path now Goeth upon a Square or straight Lyne to Malden Lyn and soe to Run up Malden Lynne untill wee Come to the Lenth of ether of the three last Stations of m' Fichers Lynne And from the sayd place of Malden Lyne to Rune upon a strayt lynn or a square Lynne downe to the sayd Lynn of M' Fichers if it be within thre or four poolls of the bredth between brids brooke and maulden lynne or if it be not then to make That stattion to be with in three or four pools of the bredth aforsayd att brides Brooke and ther to make a Certaine Stattion and one Abideing marke and from that Stattion to Rune upon a strayt lynne to brids Brooke afowrsayd and According To thees tow stattions to Rune
* Autograph.
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till wee Come ouer Agaynst John Poolls mill or as farr as boston and Lyns lands Joyne and this to be our Certayne standing Bounds between our Towns If the sellectmen of Bos- ton Consent hearunto and Samuell Bennit doth in the behalfe of boston selecttemen make Choyse of Leuft Ficher to Rune thes Lynns Acourding to the premisses if thay Accept of it And to be done in a months tyme as wittnes our hands the day and year aboue wrightten and is Alsoe Agreed that the Charges of the Arttis shall be Equally payd Between The Towns as wittnes our hands 15th may 1662. Thomas Mar- shall, Thomas Laughton, John Hawthorn, Samuell Bennitt." ' The selectmen of Boston, by Hezekiah Usher, recorder, on May 16, 1662, confirmed this agreement. Copy made by John Fuller,* town clerk of Lyn.
Warranty deed, dated Nov. 29, 1649, from Val. Hillt of Boston, merchant, to Samuell Bennet of Linn, carpenter, a parcel of land called Walker's plain, between Linn Village, called Redding, and Hammersmith or the Iron works, bounded eastward by a small river dividing the plain and land of Mr. Leader of Hamersmith, northward by Linn river and the said small river meeting in one southward and westward by land of Samuell Bennet, lately purchased by him at the hand of Capt. John Leverret of Boston and grantor. Wit: Thomas Beard* and Henry Griffith .* Recorded, 15 : 10 : 1649, by William Aspinwall,* recorder.
Copy of the foregoing transaction made by Free Grace Bendall,* recorder, taken from Suffolk records, book 1, page 110.
Copy of deed, dated Oct. 1, 1649, from John Leverett and Vall Hill of Boston to Samuell Bennett of Lin, 600 acres of land, formerly purchased of Mr. Thomas Fowle, bounded on the southward by Capt. Robert Keine's farm, a certain creek dividing between the said farm and it, with the line of the bounds of Charlestowne westward, the line of Lin bounds eastward and northward, to the uttermost bounds of Boston in that place. Wit: John Tucker and Robert Hubert. Copy made by Free Grace Bendall,* recorder, taken from Suffolk records, book 1, page 110.
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