Page. 137-138 (PG. 67-68 OF ORIGINAL RECORDS BOOK)
In the ejectment brought by Robert Westlock on the demise of Thomas Poole, plaintiff, against Pasco Curle, infant. Whereupon James Ricketts and Jane his wife was admitted defts for lands and tenements in the _____ to wit: one dwelling house, one garden sixty acs of land, 30 acs fo wood, and 30 acs of _____land with appurtenances in the parish and Co. of Eliz. City, which Thomas Poole to the sd. Robert had demnified for a term not yet expired, did enter and force him from his farm afsd and did eject and other enormities to him did do to the great damage of him the sd Robert and aft the peace of our Lord the King that now is, and whereupon Robert by Samuell Selden his Atty complains that when the afsd Thomas Poole the 10th day of May 1715 at Eliz. City had demnified to the afsd Robert the tenemants to be held and occupied by him the sd Robert and his assigns from the first day of the same May until the end of five years not yet expired. The sd. Pasco on the 12th day of May 1715 with force and arms, damages 10 Pounds money to which deft pleads not guilty.
Whereupon evidence being heard and jury impanneled finds for the deft. "We find the last will and testament of John Poole dec'd pro and rec in Eliz. City Co. Ct dated 17 Mar 1667 with and endorsement thereon from John Poole the younger to Robt. Beverly dated 10 of 8br 1702 and hereunto annexed. We find that sd John Poole the Elder died seized of fee in the land in question. We find pattent granted to Jane Poole dated 6 Apr 1671 of land in question and annexed. We find a deed ack and rec in Eliz. City Co. Ct from Jane Avery to her three sons, vizt Thomas Poole, John Poole and William Poole dated 5 Jan 1688 with endorsement thereon from John Poole to Robt. Beverly dated 23 8br 1701 both of the land in question and hereto annexed. We find a deed from John Poole to Robert Beverly dated 13 8br 1701 of land in question hereto annexed and ack and rec in the General Court. We find the last will and testament of Nicho. Curle hereunto annexed whereon is devised to his son Pasco Curle the land in question. We find that Jane Poole who had been the wife of Jno. Poole the Elder dec'd, mother to Tho. and John Poole now living and Wm. Poole now dec'd by her husband the sd John Poole the Elder after the death of sd Poole was marryed to one Henry Avery of this County and he died before Jane and she died afterward when she was Avery's widdow and went by the name of Jane Avery at her death. We find an inquisition dated 26th day Nov 1702 under hand and seal of Jerome Ham deputie of John Lightfoot Esq, Escheator of Eliz. City Co. and a jury sworne before him to enquire whether 474 acs of land late in the possession of Jane Poole did escheat to her Majt and hereunto annexed. We find the land in question to be the 474 mentioned in the inquisiotion. We find a pattent from Francis Nicholson Govrnr dated 16 day of April, 1704 by which the land in the declr mentioned is granted to sd Thomas Poole, lessor of the plt. We find that Thomas Poole the lessor of the pltf is the Eldest son and heir of Jane Poole, afterward Jane Avery, and if upon the whole matter the law be with pltf., we find for pltf one shilling damage. If not, we find for the deft. Joseph Banister foreman. Which on motion of the parties was ref'd for the matter of law to be argued. Now being called and argument heard, the court considering the same are of the opinion that the law is for the Pltf." Therefore ord that plt recover the lands and tenaments in the declr mentioned which is granted giving sec according to law.
Ordered that Thomas Poole pay to Thomas Avery acc to law for 15 days attendance for him aft Pasco Curle with costs at Exon.
FOLLOWING AFFADAVIT SIGNED 10-11-1716 AND IS RECORDED IN PAGE 64, DEED WILLS AND INVENTORIES 1715-1721, ELIZABETH CITY COUNTY, VA
Affadavit of Thomas Francis, witness in the suit by ejectment now depending between Robert Westlake, plaintiff, and Pasco Curle, by James Ricketts and Jane, his wife, his guardians, defendant. Thomas Francis makes oath that "I very well knew Jane Pool, late of this co., and also Thomas Pool, the lessor of the plt, is their oldest son and that the same Jane afterwards married one Averit and that I well knew the land claimed by the said Westlake on demise of Thomas Poole was in the possession of the same Jane at the time of her death and have heard she was an Allien and that after her decease it was found to escheat." Signed Thomas (X) Francis. "Taken before me in the presence of James Ricketts" 11 Oct. 1716
Signed Willm. Lowry
Forbush Family Info
8 years ago