61Editorial Note (Adams Papers)
Although there was no court of equity in provincial Massachusetts, the law courts were able to...
Humbly petitioning showeth Timothy Prout of Scarborough in the county of Cumberland Esqr. 1. That...
Fitch . 2 Vernon 539. 540. Payment to Obligee, after Notice of an Assignment is not good. The...
64Editorial Note (Adams Papers)
This case and Nos. 18–19 and 20–21 reflect some of the legal problems arising from the dependence...
65Paine’s Minutes of the Trial: Plymouth Inferior Court, July 1768 (Adams Papers)
Mr. Adams . The grass was good till it was pastured and the bushes grew up; if the mill had not...
66Adams’ Minutes of the Trial: Plymouth Superior Court, May 1769 (Adams Papers)
Keens Witnesses. Ed. Thomas . Known Georges Meadow 30 Years. Carted the Grass 2 Years. It was a...
67Editorial Note (Adams Papers)
The litigation arising from Samuel Clap’s will is illustrative of two very important features of...
68Adams’ Address and Minutes of the Argument: Supreme Court of Probate, February 1768 (Adams Papers)
Samuel Clap Testator, left a Grandson Michael Clap, Son of the Eldest Son of the Testator, whose...
69Editorial Note (Adams Papers)
In England the probate of wills of personalty was within the jurisdiction of the ecclesiastical...
70Adams’ Minutes of the Trial: Plymouth Superior Court, May 1769 (Adams Papers)
Lex Test., Page 576. Stephens vs. Gerard, 1. Sid. 315. Page 571, Sackville vs. Brown. Page 576,...
71Editorial Note (Adams Papers)
In August 1770, with Adams and Jonathan Sewall as his counsel, John Whiting had prevailed in an...
In this Case the Plaintiff has alledged that her Father died seized on the Thirtyeth of the...
In the Case of Hill Agt. Whiteing in Ejectment, Whether Hills Father died on the 21st or 30th day...
74Editorial Note (Adams Papers)
Prescott v. Keep, in which Keep, Adams’ client, was the original plaintiff, began with a...
See 1. Inst. 200 b. to maintain this Action. Litt. §315. T enant s in Common shall have personal...
1756. Novr. Deed from Jonas Prescott to Jonas Jnr. of Gift. ¼th. 1749. Aug. 17th. from Jonas to...
8 Mod. page 115, 16. Hardwick’s Cases. Gilbert’s Hist. of Common Pleas. Dana. Gershorn Fletcher ....
Trespass quare clausum fregit—Defendant pleads in abatement that one of the plaintiffs died since...
79Editorial Note (Adams Papers)
Jonathan Wilkins owned a pasture and apple orchard on Mill Brook in Middleton, near the Great...
June 1771 . Wilkins v. Fuller. Trespass on the case for flowing land &c. Motion first day of the...
Deed. Wm. Fuller to Jona. Wilkins. Archelaus Fuller . Known the Place there 30 years. Wilkins...
June 1771 Smith and Wilkins v. Fuller. Bacon Trespass 212. Contin uand o in trespass may be waved...
83Editorial Note (Adams Papers)
At twenty-four Adams could ask, “But Quere, if Dissonance of Dispositions is a sufficient Reason...
84Adams’ Notes of Authorities and Minutes of the Hearing: Governor and Council, Boston, 17 October 1771 (Adams Papers)
Godolphin’s Repertorium Canonicum 507. “Wife libelled Husband in the Ecclesiastical Court for...
85Editorial Note (Adams Papers)
Today we would probably call this action tort for loss of consortium by seduction. In...
Sewall . Dougherty at Newfoundland, 3 Years, Little breakfasted dined suppd and lodgd there....
87Editorial Note (Adams Papers)
As in England, the Massachusetts justices of the peace, singly and in their joint capacity as the...
88Adams’ Minutes of the Argument and Decision: Suffolk Superior Court, Boston, August 1766 (Adams Papers)
Fitch. 1st Question whether Appeal will lie? Page 33 of tem porary Acts. Art —. Otis . Case of...
89Editorial Note (Adams Papers)
Josiah Marshall had lived in Plympton from 1747 until 1753, and had then spent five years at...
Benja. Shurtliff. Deer. 21st 1753. Marshall went from Plympton to Middleborough. Josa. Marshall....