402 Writ Summoning Johnson Harmon for Trespass

    [January 4 1732/33]

    George the Second by the Grace of God of Great Brittain France and Ireland King Defender of the Faith &c.—

    To The Sherriff of Our County of York his Under Sherriff or Deputy Greeting—

    We Comand you that you Summon Johnson Harmon of a place called Merrichaneag Neck in the Township of Brunswick alias North Yarmouth within our County of York Esq. alias dictus Johnson Harmon of York in the County of York Esq., if he may be found in your precinct to Appear before Our Justices of Our Inferiour Court of Common pleas Next to be Holden at York within and for Our said County of York on the first Tuesday of April Next then and there in Our said Court to answer unto the President and fellows of Harvard Colledge in Cambridge in Our County of Middlesex in a plea of Trespas and Ejectment of a Tract of Land in the Township of Brunswick alias North Yarmouth aforesaid. Containing about one Thousand Acres be the same more or less being the Lower part of Merricaneag Neck so called and is Bounded Notherly on other Land Belonging to said Neck and on all other parts by the Sea or however Otherwise Bounded or reputed to be bounded, with the Privilidges and Appurtenances thereto belonging for that whereas the Governer and Company of the Massachusetts Bay in New England on the seventh Day of Febuary Anno Domini Sixteen Hundred and Eighty Two being seized of the said premises in their Demeasne [or office?] at their Generall Court then held at Boston Granted the same among othere Lands to the then President and Fellows of Harvard Collidge aforesaid in fee simple as by the Grant aforesaid in Court to be produced shall appear by force wherof the same President and Fellows of said Collidge then became seized of the said premises accordingly and the plaintiff their Lawfull successors ought to Hold and enjoy the same Yet the Defendant hath entered into the same and unjustly hold the plaintiff out to the Damage of the said President and Fellows of Harvard Collidge aforesaid as they say the sum of three thousand pounds which shall then and there be made to appear with othere due Damages and have you then and there this Writ With your Doings therein Witness William Pepperill Junior Esq.272 at York this fourth Day of January in the sixth year of Our Reign Annoq. Domini 1732.

    John Frost Cler[k]

    The Defendant pleads in abatement 1st that the plaintiffs declare that the lands demanded was Granted in 1682 to the then President and Fellows of Harvard Colledge in fee simple which ought to descend to their Heirs and not to their Sucessors in their office.

    2dly there is a variance between the Writ and the Grant […] for the Grant is to the President and fellows and their successors […] in the […] Collidge per Noah Emery Attorney to Defendant.

    April Court 1733

    Continued at the request of the Defendant that he might give notice to those under whom he holds to come in [and?] defend (No furthere pleas of abatement to be made) July Court 1733 Adam Winthrop, Benning Wentworth, Thomas Westbrook, the Heirs of Olliver Noys, John Penhallow guardian to the Heirs of John Watts, Nathaniel Cuningham, Joseph Wadsworth appear by their Attorneys, Theodore Atkinson and Mathew Livermore Esq. and are admitted Defendants in the room of Johnson Harmon and prayed a Continuance for to Vouch in their Warrantors and its Granted accordingly.

    Merricaneag Neck Papers.