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Browsing: Legal Papers of John Adams, Volume 1


This foot note contained in document ADMS-05-01-02-0002-0001-0002
87. In the hands of JA and a clerk, possibly Jonathan Williams. Pleadings Book, p. [57]. The writ, dated 21 June 1773, was drawn by Sampson Salter Blowers, who represented Laughton in both the Inferior and Superior courts. The original writ in Blowers' hand, with pleadings signed by JA , is in Suffolk Inferior Court Files, July 1773; No. 286. JA was of counsel for the defendants throughout the litigation. In July 1773 at the Suffolk Inferior Court, Laughton was awarded possession on a demurrer to JA 's plea that the defendants “do not know the said William Laughton.” At the Superior Court in Aug. Laughton prevailed again on the defendants' confession of judgment for possession and costs. SCJ Rec. 1773–1774, fol. 108; Min. Bk. 98, SCJ Suffolk, Aug. 1773, N–15; SF 102278. This is an action of ejectment in the form commonly employed in the English courts. The declaration alleges a lease, collusive or fictitious, from the party claiming the premises to a straw or nonexistent person, in whose name the proceeding is actually brought. Compare note 18 2 above; see also No. 17, note 5. Although these proceedings might reflect an arms' length transaction between the parties, that they do not here is indicated by a bill of costs in the file drawn by Blowers as attorney for “Laughton on the Case of Warden et ux. appellees vs. Pitts et al. appellants.” SF 102278. Further, on the Inferior Court writ, cited above, the name Warden has been crossed out and that of Laughton written in.