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Browsing: Legal Papers of John Adams, Volume 1


Docno: ADMS-05-01-02-0006-0006-0003

Author: Adams, John
Date: 1772-10

Adams' Abstract of Title1

Middlesex Superior Court, Cambridge, October 1772

Prescott vs. Priest.
1756. Novr. Deed from Jonas Prescott to Jonas Jnr. of Gift. ¼th.
1749. Aug. 17th. from Jonas to Ebenr. ½ of all my Homestead. Free Liberty to pass and repass by Gates and Barns.
1719. Octr. 8th. from Jonas to Jonas Jnr. All my Right in an old Dwelling House, &c. excepting
1727, 8 Jany. 28. Jonas to Jonas. ½.
{ 272 }
David Goodhue. Jonas Esq. in Possession of Part, and Prescott that is dead of another Part.
1. In JA 's hand. Adams Papers, Microfilms, Reel No. 185. Dated by reference to adjacent minutes on MS , Smith v. Child, which was tried sub nom. Child v. Smith at the Cambridge Superior Court Oct. 1772. Min. Bk. 96, SCJ Middlesex, Oct. 1772, N–6. Many of the deeds are in the file of Prescott v. Keep. See text at notes 19–29 11–21 .

Docno: ADMS-05-01-02-0006-0006-0004

Author: Adams, John
Date: 1773-04

Adams' Minutes of the Trial1

Middlesex Superior Court, Charlestown, April 1773

Prescot vs. Priest.
8 Mod. page 115, 16.2 Hardwick's Cases.3
Gilbert's Hist. of Common Pleas.4
Dana.5
Gershorn Fletcher. 55 Years, Prescott the Grandfather of Plaintiffs, have possessed it, and Plaintiffs since and knew they possessed the Grist mill and fulling Mill,6 Keep in Possession of the Forge where the Saw mill was.
David Goodhue.7 Priest 30 Jany. 1771. took lever out of Prescotts Gate, and tossed it into the Stream. The Gate shut down. Knows Possession 8 years. Dam broke but cant say, who broke it. Heard Priest say the dam would not stand long, a Week before it was tore up.
Jona. Pierce. Priest told me that the upper Dam would not stand, that it would be tore down—the night before it was done. Plaintiffs have been in Possession. Upper dam built in 1771. Upon Prescotts Land—about 30 or 40 Rods above the other. A benefit to all alike when let out.
Moses Goodhue. Forgot what Priest said, but think he said it would not stand long. The Forge had the longest Use of the Stream, when not Water eno. for all the Mills.
{ 273 }
Nat. Prentice.8 A Lever, Joel kicked off into the Stream. Joel came into Mill without leave, and shut down the Gate.
1. In JA 's hand. Adams Papers, Microfilms, Reel No. 185.
2. Lowther et ux. v. Kelly, 8 Mod. 115, 88 Eng. Rep. 91 (K.B. 1722): Husband and wife sued on an indenture. The wife dying, the husband was allowed to proceed under the statute 8 & 9 Will. 3, c. 11 (1697), note 52 6 below.
3. Judge Cushing's report of the present case (Doc. IV) suggests that the case cited was Middleton v. Croft, Hardw. 395, 95 Eng. Rep. 255 (K.B. 1737): When husband and wife declare in prohibition, and take a partial judgment, and the husband dies before costs allowed, the widow may take her costs upon suggestion of the husband's death.
4. Gilbert, Common Pleas 242–248, treats at length the subject of abatement by the death of parties.
5. Francis Dana, counsel for the Prescotts.
6. Fulling is the process of cleansing and thickening cloth by beating and washing. OED .
7. Goodhue was a clothier (cloth maker) who operated the fulling mill next to the Prescotts' gristmill. Deposition of Nathaniel Prentice, SF 148100.
8. Prentice, who was approximately 15 years old at the time of the events in question, was then David Goodhue's apprentice. His deposition indicates that the Prescotts encouraged him to “shadow” Priest's activities around the dam and the mill. Deposition of Nathaniel Prentice, SF 148100.