To the Sheriff of New haven County his Deputy or either of the Constables of Guilford in Said County or to the Sheriff of New London County his Deputy or either of the Constables of Killingworth in Said New London County Greeting
In his majesties Name you are commanded to summon Michael Hill
1: of Said Guilford &––––––––––––––Mary Brooker of Said Killingworthwidow and Relict of Abraham Brooker formerly of Guilford and Ephraim Stevens of Killingworth afore Said late of said Killingworth decd^ as they ye Said Michael
2: & Mary & Ephraim Brooker was ye Executors of ye last Will &
Testament ofthe Said Abraham Brooker to appear before ye County of New haven[…}to be held at New Haven in & for ye County of New Haven
3: on ye first Tuesday of April Next then and thereto answer unto John Graves of Sd Guilford in an Action or PleaWherein the Plaint Complains & Sais that […]
in the year of our Lord 1732 he was Leised in fee simple
of a certain Messuage or Tenement or Tract of land lying in the
Parrish of East Guilford in Said New haven County containing or
about ten acres more or less bounded Southerly by the Highway or
Street westerly by Land belonging to the Estate of Mr Jon Hart Decd
easterly by the Land of John French & northerly by his own land & beingso Leised did on the 28th Day of august in ye Same Year 1739
with the orchard and the fruit trees thereon Growing with the appurtenance slease the Saidi Messuage & Tenement to the Said Abraham Brooker for the Space & term of Seven Years from the Said 28th Day & the Plt Sais that there was then an Orchard Standing & Growing on the Said
4: Leased Land on the Southwesterly Side or part thereof well fenced
5: containing fifty one–––––––––––––Trees which on the Said 28th
were well laden with Fruit had Day of August a large Quantity
of Apples hanging & growing thereon & the Plaint on ye Saud Lease
Tenements unto the Possession & Improvement of the Abraham in the same year 1732 which the Said Brooker received to his
own Use and the Said Abraham during Said Term & before the Month of Augst 1739 died & having […] before his Death made
his Will made the Defts Extrs thereof & the Plt further sais that
in the Same Month of augst 1739 the Trees in the Orchard were
also well lalden with Fruit & had hanging & growing on thein
Large Quantities of Apples the Growth of the year 1739 and one Joseph
6: Hodgkin of Sd Guilford Junr––––––––––having entered into Said Orchard
did on or about ye 27th Day of the Same Month of augst
1739 unjustly by violent shaking & with Poles & Clubb
violently beat down & sever from said Trees & carry way & con-
7: vert to his own Use near Two Hundred_
Bushells of Apples the Hanging & Growing on Said Trees
Orchard & then immature & unripe & properly belonging to Said Pntf & thereby did much DamnifySaid Trees which Said Apples were well worth ten pounds Mony Whereby the Plt is Damnified & hath Damage twelve pounds Mony
for ye Recovery wherewith his costs hebrings this suit fail not to return
this Writ with yourdoings thereon according to Law Dated in Durham this
eighteenth Day of January Anno Domini 1739/40.
James Wadsworth Assistant
Constable’s Doings
Jno Graves 118
Michael Hill Sr
February ye 13th
NHaven […] County Court April Term 140 and ye Defts
Defend & pleas & say the Pltf Declares in the Injust [,..]
Law thereof they pray Judgment for […]
Hill & Hall for JDG
the Constables of Guilford
fees by travel:&:sarveing and returning the same 0-1-9
0-7-11
Guilford march the 25 day 1740
then the summons
written on this paper
was served on the within
named michael hill
by reeding the same in his
hearing by me
Daniel Bishop Constable
of Guilford
Killingworth march ye 22 1740
then[…] Summons written on this paper
was served on you within Named Mary Brooker
and Ephraim Stevens by Reading of it in
their hearing by me Jonathan […] Constable
ye constable of Killingworth
fees for serving and providing 0-7-3