Abraham POST , Boundary Dispute, Saybrook, New London Co., CT


[Transcribed by Janece Streig]

Saybrook Land Records
Book 5 Page 380
FHL Film #5538

Say-Brook February ye 27th 1737/8.

Whereas Deacon Abraham POST of Say-Brook in the County of New London hath made his Complaint unto me the subscriber hereof one of his Majesties Justices of ye peace for the County aforesaid that the bounds are lost between his land which he bought of the heirs of Lewis JONES lat of Say-Brook Dec'd and ye lands of Capt. Sam'll BUSHNELL and Mr. Dan'll POST which was formerly laid out to Maj'r John CLARK and Bounds North upon the said Dec'n POST's land aforesaid neer Pond Meadow in Oyster River Quarter in Say-Brook aforesaid and that they cannot agree to erect and fix the same and thereupon makes his application to me to appoint freeholders as ye law directs to set up and fix bounds between the said adjoining lands (and ye said Capt. BUSHNELL and Mr. Dan'll POST were cited) and the parties appearing were heard on their please and I am of opinion that freeholders ought to be appointed and I do hereby appoint Major Joshua BUSHNELL, John STANNARD Jun'r and John MURDOCK to set up and fix bounds between ye aforesaid land of ye adjoining Proprietors aforesaid.

Sam'll WILLARD Justice of ye Peace.
Say-Brook March ye 3d 1738.
Messrs Joshua BUSHNELL John STANNARD Jun'r and John MURDOCK were sworn in due form of law in ye business to which they were chosen and above appointed,
By me Sam'll WILLARD Justice of ye peace.

We ye subscribers appointed to set up and fix ye bounds between the lands of Dea'n Abraham POST and ye lands of Capt. Sam'll BUSHNELL and Mr. Dan'll POST as above described and being sworn in due form of law as above expressed have this 3d day of March 1738 entered upon that business and carefully viewed the place to which each of the parties claimed critically examined and considered all ye evidence laid before us by each of the parties and having well weighed the arguments of each of the parties relating to their claims and their evidences thereupon Do Give this as our opinion and our judgment upon the whole is that the evidence produces by ye parties to make good their claims is not sufficient to persuade us that either of them ought to hold to the bounds they claim to hold to, and father we are of the opinion that all they have said before us is in no wise sufficient to pesuade us to think that the bounds ought in equity to be in any other place between where they claim; and in as much as all that either of them ever had any certain Bounds made upon that side of their land which they now controversed about we are of the opinion that we ought not to do any thing in the business.

John BUSHNELL
John STANNARD
John MURDOCK,

Rec'd March ye 3d 1738 and entered from ye original,
Per Sam'll WILLARD Register