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Corser vs Flanders 1783


Surname Flanders
Submitted by
Bev Gillihan (bgill2)
Date submitted Oct 15, 2005

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The following is a transcript of court documents currently held in the New Hampshire State Archives. Although Samuel Corser was party to an amazing number of lawsuits (considering he was not a lawyer) this suit is the only one in which Sarah Fitzgerald is actually named and described -- quite vividly. Sadly, the case involves the couple’s loss of another child. Unfortunately, the cause of Samuel’s original argument with Moses Burbank which ultimately led to Sarah’s injury has been lost.
I. SAMUEL CORSER AND SARAH HIS WIFE PLAINTIFFS V. JOHN FLANDERS JR.

A. THE COMPLAINT and Verdict No. 1
STATE OF NEW HAMPSHIRE }
HILLSBORO } ss.

At the Inferior Court of Common Pleas, holden at Amherst, in the County of Hillsboro on the first Tuesday of July A.D. 1783

Present:
Jonathan Lovenell }
James Underwood } Esquires, Justices of said Court
Timothy Farrar }
Jeremiah Page }

Samuel Corser of Boscawen in the County of Hillsboro husbandman and Sarah his Wife Plaintiffs against John Flanders Jr. of said Boscawen, Husbandman Defendant In an action of [unreadable] for that the said Flanders at Boscawen aforesaid on the twenty second day of October last with force and arms did make an assault on the body of the said Sarah and her then and there being with Child did beat, wound and evilly interact so that she soon afterward miscarried, whereby her life was despaired of and other enormities to the said Sarah the said Flanders then and there perpetrated and did against the peace be and to the damage of the said Samuel and Sarah

They say the sum of One hundred pounds and the said Flanders by his Attorney John Prentice, Esq. comes and defends and [unreadable] liberty to wave this Plea and give any other at the Sup. Court for plea says the said Corser’s wife deserved what she received from him and of this puts himself on the Country.

And the said Corser and Wife by their Attorney Peter Green, Esq. say That the Plea of the said Flanders by him pleaded is no legal answer to Plaintiffs declaration wherefore he prays judgment for his damages and costs.

And the said Flanders by his Attorney, John Prentice, Esq. says that his said Plea above pleaded is good and sufficient in law wherefore he prays Judgment for his costs

Whereupon after a full hearing of the parties by their council the Court are of the opinion that the plaintiffs declaration is good and that he recover the sum sued for and cost of Court. It is therefore considered by the Court that the plaintiff recover against the said John Flanders the sum of one hundred pounds (100 pounds) and cost of Court taxed at [unreadable] in that behalf expended.

copy of [unreadable]exam’d by Robt Fletcher, Clerk

Afterward, in the same term the said John Flanders appeared and moved for an appeal to the Superior Court of Judicature to be holden at Amherst within and for the County of Hillsboro on the fourth Tuesday of September next which was granted and the said John Flanders gave security by way of recognizance with two sureties to process said appeal with effect.
Attest Robert Fletcher, Clerk

II. WRIT

STATE OF NEW HAMPSHIRE }
Hillsborough, ss }

The Government and People of the State of New-Hampshire
To the Sheriff (his under Sheriff, or Deputy) of the County of Hillsboro in said State of New Hampshire, Greeting:

You are hereby commanded to attach the Goods or Estate of John Flanders Junior of Boscawen in the County of Hillsborough aforesaid husbandman

to the Value of One hundred Pounds lawful money; and for want thereof to take the Body of the said Flanders if he may be found in your Precinct and him safely keep, so that you have him before the Justices of our Inferior Court of Common Pleas, next to be holden at Amherst within and for the said County of Hillsborough, on the first Tuesday of January next, then and there to answer to

Samuel Corser of Boscawen aforesaid husbandman and Sarah his Wife in an action of trespass for that the said Flanders at Boscawen on the twenty second day of October last with force and arms did make an assault on the body of the said Sarah and her then and there (She then being with Child) did [unreadable] and evilly [unreadable] so that she soon afterward miscarried whereby her life was [unreadable] of and other enormities to the said Sarah and the said Flanders then and there perpetrated and did against the peace and

To the damage of the said Samuel and Sarah as they say the sum of One Hundred pounds which shall then and there be made to appear with other due Damages and have you there this Writ with your Doing therein.

Witness Jonathan Loverwell Esq. at Amherst the twenty first day of December Anno Domini, 1782
Robert. Fletcher Clerk
Copy examined by Robert Fletcher Clerk

III. CONTINUANCE

Hillsboro ss}

At the Inferior Court of Common Pleas held at Amherst in and for the County of Hillsboro on the first Tuesday of January A Domini 1783

Samuel Corser of Boscawen in the County of Hillsboro, husbandman & Sarah his wife Plaintiffs against John Flanders of Boscawen aforesaid husbandman Defendant.

Continued

Copy of Record examined Robert Fletcher Clerk

IV. CONTINUANCE

Hillsboro ss}

At the Inferior Court of Common Pleas held at Amherst in and for the County of Hillsboro on the first Tuesday of April A Domini 1783

Samuel Corser of Boscawen in the County of Hillsboro, husbandman & Sarah his wife Plaintiffs against John Flanders of Boscawen aforesaid husbandman Defendant.

Continued

Copy of Record examined Robert Fletcher Clerk

V. CORSER (PLAINTIFF) REQUESTED DEPOSITIONS

A. JOHN PEIRCE SWEATT AND EDWARD FITZ GERALD:

"The deposition of John Peirce Sweatt of lawful testifieth and saith that he came into Samuel Corser house and the deponent asked Mrs. Corser what ailed her for she look’d very sick and she told me that John Flanders junior hurt very bad so she was not able to do any work and got my wife to bake & work for her four times & further saith not.
John Peirce Sweatt
Copy exam’d by Robert Fletcher, Clerk

"The deposition of Edward Fits Garel of lawful age testifieth and saith that he was at Thomas Corsers about two years half past I heard John Flanders, Jr. differ with Samuel Corsers wife. I heard the John Flanders twiten the said Corser’s wife about her father that was dead.
Edward Garel
Copy exam’d Robert Fletcher, Clerk

Hillsborough County }
June 28, 1783 }

Then John Peirce Sweat & Edward Garel living more than twenty miles from the Court where the case is to be tried wherein the above deposition is to be used with personally appearing & often being duly cautioned & examin’d to testify the whole truth made a solemn oath to the truth of the foregoing deposition by them subscribed taken at the request of Samuel Corser to be used at our next Superior Court of Common Pleas to be held at Amherst in and for the County of Hillsborough on the first Tuesday of July next in an action or plea on the care in which action Samuel Corser & Sarah his wife in Mat. of Boscawen & John Flanders Junior of said town is defendant. John Flanders was notified & not present.
Taken before: Joseph Sawyer, Jus. Peace
Copy exam’d by Robt Fletcher Clerk


B. JOHN CORSER:

The Deposition of John Corser, Jr. of lawful age testifieth and saith that about two years and half ago I was coming along the road I head John Flanders junior differing with Samuel Corser’s wife. I heard Edward Jerril ask John Flanders what he was about and further saith not.
John Corser junior
Copy exam’d Robert Fletcher, Clerk

Hillsborough ss }
June 28, 1783 }

Then the above named John Corser Junior living more than twenty miles from the Court where the Case is to be tried wherein the deposition in is to be used personally appeared and after being duly cautioned and examined to testify the whole truth of the foregoing deposition by him subscribed taken at the request of Samuel Corser to be used at the next Inferior Court of common Pleas to be holden at Amherst & County of Hillsboro in an action or plea on the case then and there to be tried where the said same Samuel Corser and Sarah his wife of Boscawen are Plaintiff and John Flanders Junior of the same town is Defendant. John Flanders was notified and present and made no objections. Taken before
Joseph Sawyer Justice of Peace
Copy examined Robt Fletcher, Clerk

To the Clerk of the Inferior Court of Common Pleas to be holden at Amherst in the County of Hillsboro on the first Tuesday in July next

C. JEAN CORSER:

The deposition of Jean Corser of lawful age testifieth and saith about 21th of October 1782 I was at the house of Samuel Corser, Moses Burbank and John Flanders junior William Jackman & Joshua Gaskean Mr. Burbank inquired of me where Samuel Corser was at home I told him no, he is not but I told him he would be at home soon Mr. Burbank threatened Samuel Corser’s life, John Flanders differed with Samuel Corser’s wife before he came home Corser came home soon after John Flanders and the two Jackman’s hid in the bushes and stopped there till Corser came home again as soon as he got off his horse Burbank seized him. Mrs. Corser went up to them and pleaded with them not to fight and Mr. Burbank let go; John Flanders and the two Jackmans came out of the bushes Mr. Burbank came up to Corser to fight. Corser told him he did not want to fight but if you strike me I will take the law of you. Mr. Moses Burbank struck Corser two strokes on the head. John Flanders Junior fastened hold of Corsers’ wife and shook her very hard and hauled her to the door and kicked her with his foot in the house and she fell on her hands and knees and she got up and she took a chair up in her hand to defend herself and John Flanders took hold of the chair and wrung the chair out of her hand and struck Mr. Samuel Corser’s wife with the chair and doubled her up. I heard the woman tell Flanders that he would pay for striking and kicking her which made me take good notice of what I see and the Samuel Corser’s wife was as like right upon it and was not able to work for two months and some of the time she kept her bed for a week to time. She was well before Flanders struck her, the woman was big with child. I lives within five rods of the Samuel Corsers house and I was in and out every day and I was satisfied the blows that Flanders gave her was the cause of her sickness and soon after that the Samuel Corser’s wife had a child and I heard the woman say I should have gone my whole time if John Flanders had not a hurt her and I heard the woman say that Flanders had killed the child when she was sick abed. And further saith not

Jane Corser
Copy examined Robt. Fletcher, Clerk

Hillsboro}ss
June 28, 1783}

Then the within named Jane Corser living more than twenty miles from the Court where the case is to be tried and the above deposition is to be used personally appeared and after being duly cautioned and examined to testify the whole truth made a solemn oath to the truth of the foregoing deposition by her subscribed, taken at the request of Samuel Corser to be used at our next Inferior Court of common Please to be held at Amherst in and for the County of Hillsboro on the first Tuesday of July next in an action on the plea on the case then and there to be tried wherein Samuel Corser and Sarah, his wife as Plaintiffs of Boscawen, and John Flanders Junior of the same town is Defendant. Said Flanders was notified and not present. taken before Joseph Sawyer Justice Peace To the clerk of the Inferior Court of Common Pleas to be had in Amherst and for the County of Hillsboro on the First Tuesday of July next. Copy examined Robert Fletcher, Clerk.

D. MARY CORSER

The deposition of Mary Corser of lawful age testifieth and saith about the 21 day of October in the year 1782 I was at the house of Samuel Corser and Mr. Moses Burbank and John Flanders Junior come there I heard Mr. Burbank threaten Corser’s life. John Flanders Junior differed with Corser’s wife therefore he came home (Corser) home very soon after John Flanders and the two Jackmans hid in the bushes and stopped there till corser came home. Soon as Corser got off his horse Burbank seized him. Mrs. Corser went up to them and pleaded with them not to fight and Burbank let go John Flanders and the two Jackmans came out of the bushes Mr. Burbank came up to Corser to fight Corser told him he did not want to fight but if you strike me I will take the law of you, the said Burbank struck Corser two strokes on the head John Flanders Junior fastened hold of Corser’s wife and shook her very hard and hauled her to the door and kicked her with his foot in the [unreadable] and she fell on her hand and knees and she got up and she took up a chair to defend herself and John Flanders took hold of the chair and wrung the chair out of her hand and struck the said Corser’s wife with the chair and doubled her up, I heard the woman tell Flanders that he should pay for striking and kicking her which made me take good notice of what I see and the said Corser’s wife was sick very soon after and was not able to work for two months and some of the time she kept her bed for a week to time. She was well before Flanders struck her, the woman was big with child I believe I lives within about five rods of the said Corser’s house I was in and out every day and I was satisfied the blow that Flanders gave her was the cause of her sickness and soon after the said Corser’s wife had a child I heard the woman say she should have gone her whole time if Flanders had not a hurt her. I heard the woman say she thought that Flanders killed the child this was when she was sick abed and further saith not.

Mary Corser
Copy examined Robert Fletcher Clerk

Hillsboro}ss
June 28, 1783}

Then the within named Mary Corser living more than twenty miles from the Court where the case is to be tried and the above deposition is to be used personally appeared and after being duly cautioned and examined to testify the whole truth made a solemn oath to the truth of the foregoing deposition by her subscribed, taken at the request of Samuel Corser to be used at our next Inferior Court of common Pleas to be held at Amherst in and for the County of Hillsboro on the first Tuesday of July next in an action on the plea on the case then and there to be tried wherein Samuel Corser and Sarah, his wife as Plaintiffs of Boscawen, and John Flanders Junior of the same town is Defendant. Said Flanders was notified and not present. taken before Joseph Sawyer Justice Peace To the clerk of the Inferior Court of Common Pleas to be had in Amherst and for the County of Hillsboro on the First Tuesday of July next. Copy examined Robert Fletcher, Clerk.

E. BENJAMIN SEVERANCE

The deposition of Benjamin Severance of lawful age testifieth and saith that I lived with Mr. Samuel Corser when the quarrel was between Mr. Samuel Corser and Mr. John Flanders but I was not home but when I came home Mrs. Corser was complaining that Mr. Flanders had hurt her very much and she was sick by sores so that she kept her bed two or three days to time and had sick faint spells that I thought she would not live and I was knowing that she was well before Mr. Flanders hurt her and she was not able to go about to do her work for a month after Mr. Flanders hurt her and I heard Mr. Flanders differing with Mrs. Corser before and further saith not.
Benjamin Severance

Hillsboro}ss
June 28, 1783}

Then the within named Benjamin Severance living more than twenty miles from the Court where the case is to be tried and the above deposition is to be used personally appeared and after being duly cautioned and examined to testify the whole truth made a solemn oath to the truth of the foregoing deposition by her subscribed, taken at the request of Samuel Corser to be used at our next Inferior Court of common Please to be held at Amherst in and for the County of Hillsboro on the first Tuesday of July next in an action on the plea on the case then and there to be tried wherein Samuel Corser and Sarah, his wife as Plaintiffs of Boscawen, and John Flanders Junior of the same town is Defendant. Said Flanders was notified and not present. taken before Joseph Sawyer Justice Peace To the clerk of the Inferior Court of Common Pleas to be had in Amherst and for the County of Hillsboro on the First Tuesday of July next. Copy examined Robert Fletcher, Clerk.

VI. FLANDERS (DEFENSE) REQUESTED DEPOSITIONS

A. HANNAH EASTMAN, JOSHUA JACKMAN, SIMEON JACKMAN, SARAH BURBANK AND JOHN FLANDERS, SENIOR & THE WIDOW JUDITH SEVERANCE:

The deposition of Hannah Eastman of lawful age testifieth and saith that she lived at the house of Samuel Corser in Boscawen & was at work with Samuel Corser’s wife about three weeks after the time she had charged Mr. John Flanders with hurting her, that she the deponent and Mrs. Corser took up Flax together the value of an Hour and that she was knowing to Mrs. Corsers being able to work her clothes and do house work and the same day that she took up flax she traveled the value of three quarters of a mile to a granary. The deponent further said that she heard Mrs. Corser herself tell her husband that she was unwell said she expected she should die for she had been in such condition four times before and she had heard that women never lived over the fifth time and further saith not.

Hannah X (her mark) Eastman


The deposition of Joshua Jackman of lawful age testifieth and saith that some time in the month of October last he was in company with several other persons who were coming from lotting out land and after passing by Mr. Thomas Corser’s house heard a hot dispute between Mr. Samuel Corser and Mr. Moses Burbank and after turning about to know the cause found them in a quarrel and saw the wife of Samuel Corser take a piece of joint and struck Mr. Cogswell, was then standing by who defended the blows and took the joint out her hand and took her and bid her go away. The deponent further saith he heard Mr. Corser desire them to keep the woman off and not let her strike them. She came from the house with a chair with an intent to strike and the deponent saw Mr. John Flanders then take the chair from her and let it down and that in the whole he saw no disposition in Flanders to do the woman any harm but only to prevent her striking according to the desire of her husband.

Joshua Jackman
Copy examined by Robt Fletcher Clerk


The deposition of Moses Burbank of lawful age testifieth and saith in the quarrel between him and Samuel Corser he heard Mr. Corser desire that they would take care and not let his wife strike them and that Mr. John Flanders with Mrs. Cogswell defended the woman from striking but he saw you disposition of anger against the woman, but used her in a mild manner and endeavored to prevent her striking and that the first weapon made use of by Mrs. Corser according to the best of his knowledge was a piece of joint or a large stick like it.

Moses Burbank
Copy examined Robert Fletcher, Clerk


The deposition of Simeon Jackman of lawful age testifieth and saith that he was at the house of Mr. Thomas Corser on business the same night after Mrs. Corser had said John Flanders and he the deponent & said he saw Mrs. Corser at the tub washing clothes and the deponent said Mrs. Corser said when Mr. Flanders put her into the house he hurt her.

Simeon Jackman
Copy exam’d Robert Fletcher, Clerk


The deposition of Sarah the wife of Moses Burbank testifieth and saith that being in discourse with the wife of Samuel Corser relative to her weakly circumstances who then was poorly. She answered that she had go in to such a weakly condition that her Mother Courser the midwife said she did not think she would ever have another living child.

Sarah X(her mark) Burbank


The deposition of John Flanders Senior and the widow Judith Severance of lawful age testifieth and saith they being at the house of John Corser and heard the wife of Samuel Corser declare when seriously asked the question that she did not think that John Flanders meant to hurt her, he did hurt her

John Flanders Senior
Judith X(her mark) Severance


The deposition of Nicholas Elliot of lawful age testifieth and saith that he was at the land of Samuel Corser at work plowing the next day after that the said Corser’s wife had charged John Flanders with hurting her and he the deponent saith that he was in the house in the morning and saw Mrs. Corser briefly about housework after which she came down and milked the cows in the field and as he supposed went home again after which she the said Mrs. Corser came down to the field where they were plowing and tarried there about the value of an hour and half or two hours during all which she appeared to be as well as usual.

Nicholas X(his mark) Elliot


The Deposition of Nehemiah Cogswell of lawful age testifieth that he being at or near the house of Thomas Corser in Boscawen and heard some words pass between Samuel Corser and Moses Burbank which began a quarrel between them and at the same time the wife of Samuel Corser came and the said deponent desired Mrs. Corser to withdraw and he would endeavor they should not hurt each other. The deponent saith further that soon after said Corser and Burbank began the quarrel again and the wife of the said Corser came and took a large stick which appeared to be a piece of joyst with which she struck and the deponent fended the blows and took hold of the woman and told her to go in and took the weapon from her and led her into the house after which the said Mrs. Corser took up a chair and came out of the door with it, and then Mr. John Flanders who was there took the chair from her and set it down and took the woman and pushed her in at the door and the deponent told Flanders he had better let the woman alone for he did not know who he was handling. But he saw no disposition in the said Flanders to hurt the woman but that he took away the chair and put her into the house that she might hurt not the others. And also in the quarrel the said Corser desired the bystanders (?) not to let his wife hurt them.

Nehemiah Cogswell
Copy examined Robert Fletcher, Clerk


The deposition of Elizabeth Rowley of lawful age testifieth and saith that some time ago nearly two years being at the house of Mr. John Corser and Sarah the wife of Samuel Corser there, who seeing some cake baken by the fire said she wanted some of them after which she went home and in two or three days was taken sick. I asked her the cause and she answered she was as she used to be. Another time she was at the house of Samuel Corser and the wife of said Corser was in bed. I asked her the cause and she said some day ago she longed for some bacon at Father Corser’s. I then asked her Mother Corser what was the matter of her. She answered she had flipped her apron strings. And further saith not

Elizabeth X (her mark) Rowley
Copy examined by Robert. Fletcher, Clerk


The deposition of Jane Corser midwife of lawful age testifieth and saith that she had been with the wife of Samuel Corser when she was sick and very poorly with ill turns three or four times but did not see anything like a proper Child till the last time and then she supposed she went near four months, yet the deponent supposseth the child never had life but it appeared in a deceased posture and the woman told her that John Flanders hurt her was the occasion. The deponent further saith that she had known the woman to be sick and poorly several days before and that she gave such honey as she thought comfortable and further saith not.

Jane (her mark) Corser
Copy Examined Robert Fletcher, Clerk
Hillsborough} Boscawen January 16, 1782

Then the within named Moses Burbank, Simeon Jackman, Sarah Burbank, John Flanders, Judith Severance, Hannah Eastman, Joshua Jackman, Nicholas Elliot, Nehemiah Cogswell, Elizabeth Rowley and Jane Corser Personally appeared and after due caution and careful examination made solemn oath to the truth of the foregoing deposition by them subscribed the same being taken at the request of John Flanders junior of Boscawen to be used in an action or plea of the case tried at the next Inferior Court of Common Pleas to be held at Amherst in and for the county of Hillsborough on the first Tuesday of January instant in which action Samuel Corser of Boscawen and Sarah his wife are plaintiff and the said John Flanders is Defendant The said Corser was present at the time of caption and the Deponents living more than five miles from the place of trial were sworn out of court before me.

George Jackman, Justice Peace

B. WILLIAM JACKMAN AND ELIZABETH COLBY:

The deposition of William Jackman of lawful age testifieth and saith that some time in the month of October A.D. 1782 he being with several other persons in the town of Boscawen coming from lotting out land and after passing a little by the house of Samuel Corser heard an outcry and turning back to see what the cause might be from perceived that the said Samuel Corser and Moses Burbank had begun a quarrel at which time Sarah the wife of the said Corser being there with a club in her hand after which she the said Sarah took a large piece of joist and with the same struck aiming at the deponent thought to strike Burbank tho she said she would strike the first she come at but at the time Mr. Cogswell who was standing by fended off the blow and took the joist out of her hand after which she went into the house and brought a chair in her hand in order to strike with then the deponent saith he see John Flanders being one who was standing by take the chair out of her hand and set it down outside the house and told Mrs. Corser to go in and they should not hurt each other after which the said Mrs. Corser took up two rocks and Mr. Cogswell took them away then the deponent saith Mr. Cogswell and Mr. Flanders order them to part and they did so.

Yet the Deponent saith that during the whole he saw not the least disposition in Flanders to hurt Mrs. Corser but only to prevent her hurting others and to prevent them further quarreling and the Deponent further saith he heard Mr. Samuel Corser desire those standing by in these words Don’t let the woman strike the man meaning as he took it his wife who was aiming to strike Burbank and further saith not..

William Jackman

The deposition of Elizabeth Colby of lawful age testifieth and saith that she was at the house of Samuel Corser some time after the quarrel between her husband and Burbank and heard Mrs. Corser say that in the time of the quarrel she aimed to strike Burbank on the arm and to kill him if she could and further saith not.

Elizabeth X(her mark) Colby
Copy examined Robert Fletcher, Clerk

Hillsborough} Boscawen March 29, 1783

Then the within named William Jackman and Elizabeth Colby Personally appeared and after due caution and careful examination made solemn oath to the truth of the within deposition by them subscribed the same being taken at the request of John Flanders of Boscawen to be used in an action or plea of the case tried at the next Inferior Court of Common Pleas to be held at Amherst in and for the county of Hillsborough on the first Tuesday of April next in which action Samuel Corser of Boscawen is plaintiff and the said John Flanders is Defendant The said Corser was notified of time and place of caption, but not present and the deponent living more than five miles from Amherst from the place of trial were sworn out of court before me.

George Jackman, Justice Peace
Copy Examined Robert Fletcher, Clerk
to the Honorable the Justices of the Inferior Court at Amherst - Depositions


VII. COURT ORDER

Hillsboro ss. At the Superior Court of Judicature holden at Amherst within and for the County of Hillsboro on the first Tuesday of May by adjournment from the last Tuesday of February, Anno Domini 1784

Present
The honorable Samuel Livermore Esq. Chief Justice
The honorable Leverett Hubbard }
Josiah Bartlett } Esquires & Justices
William Whipple }


John Flanders Appt. vs. Samuel Corser App.

The parties appear and agree to refer this action and all demands to the determination of Joseph Badger Esq., Capt. Aaron Kinsman and Mr. Jonathan Fifield the report of whom or any two of them to this Court and judgment being entered thereon to be final and conclusive between the parties and [unreadable] to [unreadable] accordingly. Joseph Badger, Esq is appointed [unreadable] man who is to apprise time and place of meeting and if either party shall not attend after having been duly notified the referees aforesaid to proceed exparte.
Attest Nathanial Adams Clerk


No further documents about this case are included in this particular file at the New Hampshire State Archives.

3.

"During the year 1776 soldiers were called for the defense of Ticonderoga from the threatened attack of Sir Guy Carlton, and twenty-three men enlisted, --

Lieutenant Enoch Gerrish, Thomas Carter, Daniel Carter, John Jackman, James Gerald (died), Joseph Pearson, John Muzzy, John Flanders, Friend Little, Thomas Beadle, Joseph Atkinson, Nathaniel Atkinson, Joshua Danford, Isaac Davis, Lieutenant Samuel Fowler, Deacon Joseph Hoit, Colonel Henry Gerrish, Charles Greenfield, John Hale, Samuel Jackman, Phineas Stevens (died) Nathaniel Burbank, Joseph Couch."

4.

DAVIS TO GERALD}
Book 75, Page 562

Know all men by these Presents,

That I Oliver Davis of Boscawen in the County of Hillsborough and state of New Hampshire [unreadable] for and in consideration of the sum of Six Hundred Dollars to me in Hand, before delivery hereof, well and truly paid by Edward Gerald Jr. and Peletiah Gookin both of Boscawen in said County Husbandmen -- the Receipt whereof I do hereby acknowledge, have given, granted, bargained, Sold and by these Presents do give, grant, bargain, sell alein, enscoff, convey and confirm, unto the said Edward Gerald, Jr. and Peletiah Gookin .. heirs and assigns forever, Four certain pieces of Land lying in Boscawen in said County it being the same four pieces of land I lately bought of Phineas Bagley as may be seen by his DEED to me Dated August 5th 1802 and for bounds reference is had there to also all the Buildings standing on belonging to the same four pieces of land. Also all my right and title to the Potash and the Kettles belonging to said Potash standing on the highway in said Boscawen which I build To HAVE AND TO HOLD the said granted premises, with all the privileges and appurtenances to the same belonging to them the said Edward Gerald, Jr. & Pelatiah Gookin and their heirs and assigns, to them and there only proper use and benefit forever -- And I the said Oliver Davis my heirs, Executors and administrators do hereby covenant, grant, and agree, to and with the said Edward and Peletiah and their heirs and assigns that until the delivery hereof I am the Lawful Owner of the said Premises and am seized and possessed of them in my own right in fee simple and have full power and lawful authority to grant and convey the same in manner aforesaid, that the said premises are free and clear of all and every Incumbrance whatsoever And that I and my heirs executors, and administrators, shall and Will Warrant the Same to them the said Edward & Peletiah and their heirs and assigns, against the Lawful claims and Demands of any person or persons whomsoever.

In Witness whereof I have hereunto set my hand and seal this Eighteenth day of July in the year of our Lord one thousand eight hundred and Seven -- and I {blank} wife of the said {blank} do hereby release rights of dower in the premises,
Oliver Davis (seal)

Signed sealed and delivered in presence of us
James Flanders
Thomas Carter

5.

DAVIS TO GERALD AND AL}
Book 74, Page 562

Know all Men by these Presents,

That I Oliver Davis of Boscawen in the County of Hillsborough and state of New Hampshire Trader for and in consideration of the Sum of three hundred sixty Dollars to me in hand, before delivery hereof, well and truly paid by Edward Gerald Jr. and Peletiah Gookin both of Boscawen in said County Husbandmen the Receipt whereof I do hereby acknowledge, have given, granted, bargained, sold and by these presents do give, grant, bargain, sell, alien, enfeoff, convey and confirm, unto the said Edward Gerald Jr. and Peletiah Gookin heirs and assigns forever a certain tract of land in Warner lying on both sides the main road leading from Warner to Sutton it being the same land which was set off by order of Law to satisfy an execution I recovered against Ephraim Colby late of Warner said land was set off by Richard Bartlett, Maj. Richard Straw and Joseph Currier all of said Warner. Also about seven acres of land lying in said Warner that I purchased of James Hoit late of said Warner lying on the south side of the highway that leads from Warner meeting to Sutton adjoining on land of Isaiah Flanders and land lately owned by James Pattee

To Have And to Hold the said granted premises, with all privileges and appurtenances to the same belonging to them the said Edward and Peletiah and their heirs and assigns, to them and their only proper use and benefit forever. And I the said Oliver Davis and my heirs, executors, and Administrators do hereby covenant, grant and agree, to and with the said Edward and Peletiah and their heirs and assigns, that until the delivery hereof I am the lawful owner of the said premises, and am seized and possessed thereof in my own right in fee simple, and have full power and lawful authority to grant and convey the same in manner aforesaid; that he said premises are free and clear of all and every incumbrance whatsoever. And that I and my heirs executors and administrators shall and will Warrant the same to them the said Edward and Peletiah and their heirs and assigns, against the lawful claims and demands of any person or persons whomsoever.

In Witness whereof, I have hereunto set my hand and seal this eighteenth day of July in the year of our Lord One Thousand eight hundred and seven. And I do hereby release my right of Dower in the premises.
Oliver Davis (seal)

Signed, sealed and delivered in presence of us,
James Flanders
Thomas Carter

Hillsborough ss State of Newhampshire July personally appearing the above named Oliver Davis and acknowledged the above Instrument to be his voluntary act and deed before me,
James Flanders, Justice of the Peace

Received and recorded 20 July 1807 at 5 seconds after 12 o’clock a.m. and examined by Isaac Brooks Register.

6.

A. SWEATT TO GERREL}
Book 106, Pages 580-81

Know all men by these Presents,

That I Benjamin Sweatt of Boscawen in the County of Hillsborough in the State of Newhampshire Gentleman for and in consideration of the sum of one hundred and twenty dollars to me in hand, before delivery hereof well and duly paid by Mehitabel Gerrel of Boscawen aforesaid Single women (sp) The receipt whereof I do hereby acknowledge, have given granted bargained sold and by these presents do give grant bargain sell alien enfeoff convey and confirm, unto the said Mehetable Gerrel and to her heirs and assigns, forever a sartain (sp) tract of land lying in Boscawen aforesaid being about six acres and one half an acre be the same more or less it being a part of the hundred acre lot drawn to the original right of Jonathan Sampson and bounded as follows [unreadable] beginning at Stake and stones by the highway Pelatiah Gookin land there southerly by said way until it comes opposite the line which runs between said Benjamin Sweats and Samuel Sweats on the west side of the highway to a stake and stones there easterly on the same pint of the Compass the line runs between the said Benjamin and Samuel Sweat’s until it comes to Blackwater river then northerly by the river till it comes to said Gookin land thence on the Gookin land to the first mentioned bound about six acres more or less ñ To have and To hold the said granted premises, with all privileges and appurtenances to the same belonging to her the said Mehetabel and her heirs and assigns to her and their only proper use and benefit forever ñ And, I the said Benjamin Sweat and my heirs executors and administrators do hereby covenant grant and agree to and with the said Mehitable Gerrel and her heirs and assigns that until the delivery hereof I am the lawful owner of the said premises, and am seized and possessed thereof in my own right in fee simple, and have full power and lawful authority to grant and convey the same in manner aforesaid that the said premises are free and clear of all and every Incumbrance whatsoever and that I and my heirs Executors and administrators shall and will warrant the same to the said Mehitabel Gerrel and her heirs and assigns against the lawful claims and demands of any person or persons whomsoever ñ

In witness whereof Ö have hereunto set Ö hand and seal this 21 day of July in the year of our Lord one thousand eight hundred and 1815
Benjamin Sweatt (seal)

Signed sealed and delivered in presence of us:
John Gerald
David Gerald

Hillsborough/ State of Newhampshire July the 21 1815 Personally appearing the above named Benjamin Sweatt and acknowledged the foregoing instrument to be his voluntary act and Deed before me.
James Flanders, Justice of the Peace

Recd & recorded 7 Sept 1815 & examined by Isaac Brooks, Reg.

SOURCE: Boscawen, Merrimack, NH USGenWeb



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