Scituate Feby. 4th 1759 Friend Bob,

I am much obliged for your kind & benevolant Epistle of the 14th Octo. last & doubt not youll excuse the dilatory Reply when you reflect that a considerable flow of Spirits is necessary to talk with a man of your Vivacity. And I wish I could say I had a tolerable Degree thereof at present supported by the Basis of good Health. I use the Law at present with Moderation & now & then have an Application, which as much as any thing, tends to keep up the due Tone of the Solids to circulate the fluids and to the beneficial Exercise of the mind. And now I am upon Law I would have you resolve me by your best authorities in Boston. Two Points, viz, 1st Whether in a Writ of partition by Tent. in Common against another, the Plt. ought to Set forth particularly his Title, which Seems to be Supposed by several Cases in Nelson's Abridg1 .2 2. If 4 men are tenants in Common of 11 acres of Land & one of 'em aliens his 1/4 to three persons making 'em jointenants, so that the sd. three persons own 1/4 & the other 3 own 1/4 each. Whether if the first mentioned 3 & Two of the other 3 bring a Writ of partition against the 6th man who refuses to make partition, Whether, upon the same Writ partition may be made of the one 1/4 belonging to the 3 jointenants, ie. Whether the Share of each jointenant in the sd. 1/4 shall be severally set off?

So much for Law. Sir, I should be glad to See you in these parts if it Should fall in your Way, or if it Should not. I am Sir your Sincere Friend & Humbl. Servt.

WM. CUSHING 129

RC ; addressed: "To Mr. Robert Treat Paine Att. at Law at Boston"; endorsed.

1.

William Nelson, An Abridgment of the Common Law of England, 3 vols. (London, 1725–1726).

2.

Four lines of text containing Question 2 were cancelled.