William Brewster's Appeal to the General Court against Abimileck, Grandson of Uncas

At a Court of Assistants holden at Hartford, October 1, 1696

Abimelech, son of Joshua and grandson of Uncas, late sachem of Mohegan, plaintiff contra Mr. William Brewster, defendant, by way of appeal from the judgment of the County Court held at Hartford, September 3, 1696, in an action of the case, which action is thus entered in the records of the said County Court. Abimelech, son of Joshua and grandson of Uncas, sachem of Mohegan, plaintiff, contra Mr. William Brewster, defendant, in an action of the case, for your illegal entering upon and improving certain lands being part of a certain tract of land given to him, the said Abimelech, by the last will of his father, Joshua, deceased, at or near a place commonly called Lebanon, adjoining or near to a parcel of land given to Captain John Mason aforesaid, joins to Norwich bounds, to a surrendry of the said land or quitting your said entry or improvement with ten pound damage.  In this action the jury find for the defendant cost of Court. The Court having sent out the jury once and again and they continuing in their verdict to the dissatisfaction of the Court. The plaintiff appealed to the Court of Assistants which the Court being dissatisfied with, judging

it most proper to be returned to the issue of the General Court yet according to law grant the appeal. From this judgment this plaintiff now brings his appeal. In this action of appeal the verdict of the jury is as followeth that is to say if Joshua’s will be a legal conveyance and the land in controversy be within that tract of land mentioned in the will, then we find for the plaintiff the surrendry of the land in controversy and cost of Courts if not then we find for the defendant cost of Court. This Court doth judge that Joshua’s will is a legal conveyance and that the land in controversy is within that tract of land mentioned in the will and therefore do find for the plaintiff that surrendry of the Land in controversy and cost of Courts. The defendant appeals to the General Court: cost allowed at six pounds, nine shillings.

Attestation:      Attested by Eleazar Kimberly, Secretary

            Notation:         Abimelech against Brewster, 1696 / Joshua

            Copy:               A true copy

            Cataloguing:  45, 53

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