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Browsing: Early Diary of John Adams, Volume 1
{Folio: 26, upside down}
[A List of Pleadings, October–December 1758.] 1
Docno: EJA01d053
Date: 1758-10 - 1758-12
Bond to give Deed.
† Trespass on the Case vs. Sherriff for the Default of his Deputy.
† Case by Baron and feme vs. Executor, on a Promise made to the feme while [sole?]
[ . . . ]
[later?].
† Ind[ebitatus] Ass[umpsit] for service done at a customary Price.
Plea, in abatement, that the service was insufficient.
Ind. Ass. for keeping a Horse to Hay. 3.
Sci[re] fa[cias] vs. Bail. 4.
If it was a [ . . . ] Writ, I’d lay a Quant[um] Mer[uit] as much as he deserved. Can Book be sworn to on Q.M.
Ind. Ass. on a Note of Hand.
†Debt to the Clerk of the Company. On Province Law.
<Trespass on the Case, by an Infant>
Quantum Valebant for Cyder sold by Infant, suing by his father, his guardian [or] next friend.
Trespass for breaking a C[ows leg?]. 6.
†Trespass upon the Case for refusing Marriage after Promise. 7.
†[Trespass upon the Case] on a protested Order vs. Drawer.
†[Trespass upon the Case] for not Building a good Barn according to Order.
Covenant broken, for not warranting Land, according to Cov.
Trespass. Quare Clausum fregit. 9.
Trover and Conversion of a Kettle belonging to Executor.
Partition. 10.
Trespass Q.C.F. & D.f.2 10.
[Wr]it, for declaring at a Bargain unruly Oxen to be orderly. 10.
[Qua]nt. Mer. and Ind. Ass. 2 Counts, for Work and service. 11.
Debt [ . . . ] by Farmer of Excise qui tam for selling Rum without Licence.
Trespass on the Case by 2d. Indorser vs. 1st Indorser for the original Drawer his [ . . . ] Absence from the Province and 2d. Indorser unable to pay the Debt. 13.
Trespass on the Case for Breach of Promise of Marriage. 14.
Ejectment vs. Disseisor.
Joindre of Ind. Ass. and Insimul Comp[utassent].
{p. 97}
Case by Guardian to non Compos for Labour done by non Compos.
<Money lent sued for by Administrator.> 16.
Case for Money received to Plaintiff by a [demand?] for Money lent. 16.
Case on a Note for 24 Gallons of Rum. 16.
Ejectment of a Mortgagor by Mortgagee.
Account by Administrator de bonis non vs. Administrator of the Administrator of him to whom the 1st Administration was committed.
Case on an Order accepted and payed by Plaintiff at Defendants Request 18.
[Case] on a Bill protested or refused to be accepted. 18.
Case vs. a Carrier for suffering Goods to be spoiled. 18.
Warrantia Chartae vs. Heir at law. 19.
Debt vs. Executor for not exhibiting a ful Inventory. 19.
Town Treasurer vs. a Person for entertaining a Tenant without giving Notice to select men, whereby Charge arose to the Town. 20.
<Town Treasurer vs.>
Case <vs. Town Treasurer> by Town Treasurer vs. Constable 20.
Case for Bail vs. Principal for Security. 21.
[Case] on an order accepted by Defendant.
Debt for Rent. 21.
{Folio: 25, upside down}
[Trespa]ss on the Case, for not rendring an Account of Oxen received to kill and [sell?].
Warrant to Constable to convey a Pauper to next Town.
[Presen]tment <vs. . . . Officer?> 22.
[Pres]entment for a Riot. 23.
Presentment, for Administering an Oath without Authority.
Complaint, by Farmer of Excise, vs. one for not giving an Account of distilled Liquors and Lemons taken in and sold.
Case, for Mony had and received to Plaintiffs Use. 24
Case by surviving Creditor. 24.
Debt on a Judgment of Court. 25.
Presentment for selling fat, instead of Butter. 25.
Debt, by Town Treasurer vs. a Person for receiving and entertaining a Pauper. 26.
Complaint to a Justice, vs. one for writing scandalous Words, and Warrant thereon 27.
Action for scandalous Words. 28.
Case vs. Defendant for taking away his Son from Plaintiff with whom he lived to learn his Trade, before the Time agreed on was out. 28.
{p. 98}
Trover of a Pice of Timber.
[Equity?] of Redemption in a Mortgage Deed. 29.
Debt vs. one for not maintaining his half of a Partition fence, between him and Plaintiff, on 10th of Wm. 3. Chapt. 18.
Case, for not maintaining &c. on the same Law. 29.
<Ejectment>
Trespass and Ejectment, by Plaintiff [Heir?] to Devisor after Estate T[ail?] ended. 29.
Ejectment. 30.
Trespass on the Case for drowning Plaintiffs Meadow by a Mill dam. 30.
Ejectment. Declaration on Plaintiffs own seizin &c. 30.
Complaint to Justice, vs. Dear Killer. 31.
[ . . . ], Caption of a Petition to Gen. Court. 31.
Imparlance, Prayer for one. 32. in Ejectment.
Warrant of Town Treasurer vs. Collector. 32.
1. This entry, begun on {26} upside down and continued on {25} upside down, apparently comprises a list of pleadings which JA may have copied from another lawyer’s pleadings book or book of forms, such as JA himself later compiled, with his law clerks participating. See JA, Legal Papers
, 1:26–86. The daggers prefixed to certain items may possibly indicate pleadings that JA copied or intended to copy in full.
There is nothing to indicate when the list was compiled. This and the following entry, on Probate Law, are the only ones in the Diary Fragment for which an argument might be made that they belong to JA’s period of law study in Worcester, Aug. 1756–Sept. 1758. On the other hand, nothing else in the entire MS suggests that he even had it in his possession in Worcester, and the manner in which these two entries are fitted in among the materials known to date from late 1758 is against their having been written at any other time.
[Notes on Probate Law, October–December 1758.] 1
Docno: EJA01d054
Date: 1758-10 - 1758-12
Tis absurd, <to> for a Testator to say, after he has devised his Lands to one in fee, that they shall go over to another.
There is no [Remainder?] to an Estate in fee. A fee simple, upon fee [ . . . ] but a Testator may very legally and sensibly devise Lands to one in fee, and then say, in Case Death or any other Accident should happen to incapacitate the Devisee to take, then the Lands shall go to another.
If a Testator should devise £20 to one, and all the Rest of his personal Estate to another, and it should happen that this particular Legacy could not pass to that Legatee, the Residuary Legatee shall have that £20, before the Executor.
1. These notes, perhaps drawn from a treatise, appear on {25} of the MS upside down (i.e. running the same way with the preceding entry) and crowded into a blank space to the right of the later items in the preceding entry. They were thus written later than the list of pleadings that comprise that entry; see note 1 there.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2007.
http://www.masshist.org/ff/
http://www.masshist.org/ff/