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Robert Treat Paine Papers, Volume 4

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From David Cobb

4 September 1782

From David Cobb

10 September 1782
To Jonathan Bowman
RTP Bowman, Jonathan
Boston Septr. 7th. 1782 Sr.,

I sitt down to make some Mm. respecting the Libels at Pownalborô Court vs. Absentees—1st. with regard to Colemans Claim of the Chops Farm. I wish Mr. Cushing may Undertake for Govt. in that Cause as the C.J. has wrote him to look up his old minutes in that Cause, if he takes up on the other side, I think there will be no propriety in his being possessed of his Brothers minutes, but they should be delivered to Mr. Lithgow, there are in the files of the cause in the S.C. office a No. of papers of Dr. Gardiner vs. Ham or Thompson for the same Farm a No. of Papers wch. appear to be very important but for want of a State of the Case I am not able to apply them or to know wch. to have copied & sent, perhaps the state of the Case may point them out & copies can be had there, it is impossible for me to say whether it is best to proceed to tryal or to continue it. I must leave it to be determined by the probability of Success: if it conts. and was to find eno what Colmans Title is & let me know it.

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2d. Harnden’s Claim of Lynds Island. I can say nothing abt. & till I know more abt. it can’t consent to give it up.

3d. Lithgows claim of an Island opposite Fort Halifax I wish to have the matter more clearly stated to me. I dont know that it is contained in the Libel

4th. Hallowells claim as stated to me cannot be Supported the Land must be confiscated & at best he ought only to have the Privelidge of Redeeming it as a mortgage

5. Wm. Gardner’s Claim I think had better be tryed separately, the Council have reason to continue it. Some copies are herewith sent to be used if they will do good. If W. Gardiners Claim should be tryed & he offers his Deed, it must be observed that it can’t be given in Evidence till it is recorded, if he shd. record it & offer it, then we say that tho it purports to be dated Decr. 1774 yet it never was in W.G. Possn. till 1778 after even had he any use or benefit of it he went to NYork at which Time his Father could not convey, the Evidence he got to prove that his Father often said he never wd. give him the Land untill he did settled free of his Creditors.

6. Whittiers Claim of CWA Land sold for Tax. I don’t know enô abt. I think Mr. Cushing sd. it could be settled, the Land must not be Lost: if there is any difficulty I wish to have it contd.

7. Pages Claim of part of Vassalls Estate must needs be good if his Deed is good, if he will send me an attested Copy of it & it proves good I will rule it out of the Libel, let it be contd. Mean while with regard to the Libels that were called out Last Term, unhappily it also appears to be a mistake (& they should have been contd. one Term more & may cause the Judgt. then rendered to be erroneous:) if the Genl. Court had set seasonibly before the Court I would have endeavoured to have had it rectified, my Proposal therefore is that if any Person is disposed to enter a Claim to any of the Lands agt. wch. Judgt. was rendered last Term let them be recd. & sent to me, & upon a representation to the Genl. Court I doubt not they may be let in. If in yr. Journey home you see Mr. Bradbury let him know his Claims may be accepted if he has any.

I send a Libel vs. Wm. Bowes filled up saving the bounds of the Land, being as I understand 3200 acres he bot. of Wm. Gardner, those bounds may be obtained there, & if he had other Land put them in.

I also send Blanks for Libells vs. Francis Waldo, & Saml. Waterhouse and his Wife & John Carlton if there be any other I wish them to be copied, & filed with the Court, if there should not be time to get them 228 fixed before the Court sits The Court will give leave to finish them before notification.

I wish to be informed as perticular as may be of the State of the matters after Court. Col. Taylor will come to Worcester S: Ct. by him will be a good oppor.

Dft. ; internal address: “To Jona. Bowman Esqr.”