441 Lambert vs. Harvard College

    [April 21 1737]

    Essex Ss

    To the Honourable the Judges of his majesties Superiour Court of Judicature to be begun and held at Ipswich in and for the County of Essex aforesaid on the second Tuesday of May in the Tenth year of the reign of King George the second Annoque Domini 1737

    Thomas Lambert Esq. et al Appellants

    The President and Fellows of Harvard College wore are admitted Defendants in the Room and Stead of Nathaniel Bradstreet the Original Defendant who are appellees.

    The Action was Ejectment brought by the Appellants then Plantiffs against Nathaniel Bradstreet in order to recover Possession of a moiety of cartain Tract of Land sitiate in Rowley bounded and discribed as in the writ which action was commenced and entred at the last inferiour Court held at Newbury for said County and from that Court continued to last December Court which begun and held at Salem by adjournment on the third Tuesday of February last when and where the President and Fellowes of Harvard College were admitted Defendants and the cause came to Tryal on the General Issue and Judgment was rendred for the Defendants to recover Costs of Court and the Plantiffs appealed to this Court for the reasons following:

    First Judgment should have been for the Plantiffs Possession of the Premises sued for and cost for that they have and can fully prove their title to the premises as alledged by the writt and the pretended Claim of the Defendants is good for Nothing in Law for that the said Mary Rogers was never lawfully seized of the Premises demanded or any part thereof nor have the Defendants by any good and warrantable Deeds in Law her Title or any other Lawfull Title of the Premises transmitted to them wherefore and for what may be further added the appellants pray for reversion, the premises demanded and costs.

    J. Overing Attorney for appelants

    Fild in the Office April 21, 1737.

    Attest Mitchel Sewall Cler[k]

    A true Copy Examined

    per Mitchel Sewall Cler[k]

    Answers Judgment was Right and ought to be affirmed.

    2dly […] Father Thomas Lambert under whom the plantiff claims the premises in question was seised but of one half of the warehouse Pasture aforesaid and that half he by deed the fourth of february AD 1678 conveyed to Ezekiel Northen in exchange for other Lands.

    3dly Harvard Colledge the present Appelants have an undoubted Right to the Land in question under the Reverend Mr. Ezekiel Rogers the Rightfull owner of the half of the said Pasture.

    Rowley Lands Papers. For information on the Lambert suit see CSM Publications, xvi. 651–652, 653, 659, 666, 673.