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Queries and Answers in respect of a case of Trespass, Mr.Downes (or Downs) v. Robt....

Catalogue reference: DDS 21/44

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This record is a file about the Queries and Answers in respect of a case of Trespass, Mr.Downes (or Downs) v. Robt.... dating from No date (c.1728).

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Full description and record details

Reference
DDS 21/44
Title
Queries and Answers in respect of a case of Trespass, Mr.Downes (or Downs) v. Robt. Skelhorn
Date
No date (c.1728)
Description

Transcript;-

(p.1) Dr.Downs v. Robt Skelhorn.

The Deft about 2 yeres agoe left of gettinge Coal in pe Kelts land

That pe deft has got 483 qrs of Coal & as pe Deft sold pe the same/ pe Sum amounted to ------- 48-06-00.

Q. If pe father or son shd complain or both together

Q. The way of serving pe process pro pe new Act

Q. The Damages done by pulling in & down the sd Work for pe man py did/ pe same & Q. by whose ord'r.

Q. What treaty &c. if yt mature, or overtures &c. before pe Expiracon/ of pe 6 yeares.

Q. If Skelhorn had notice of his trespass d'rin pe 6. years & wt hee sd unto/ that notice. As He had notice & promised to pay

Q. If Mr.D.did begin to sink his shaft & c before pe 6 yeares were expired/ A. Mr. D. began to sink his Shafts & c long before pe Expiration of the 6 years

Q. Mr. Hawkins

Refer' to x & x

(p.2) Mr.Downes & Robt Skelhorns Case.

Q. wt Skelhorn can way or bring witness to prove of Mr.Downs's saying hee wod' forgive him or pe like/ If father & Son and shd' not both be P'tys.

S. promised when pe matt'r was fownd out he wod' pay all pe damages/ to M.Downes.

1 pit is neer 60 yard deep and the other above 50 & Mr.D being very busy in other matt'rs did not hastily begin to make pe discovery

N.B. Q.who shd bee made Compltz', & who p'rtys as Defendants Mr. D. Compt Robt Skellhorne Deft.

R.S. after he was told that it was supposed he got pe....Coales often/ promised pt If it proved so he wod' make full Satisfaction & / pt hee wod' suffer pe sd workmen to goe down into pe work & try/ if pe fact was so with which fair speeches hee made pe P. easy/ till hee had done his own works & cud work no further for want of Air & then let the P's agents goe/ down his Pitt who found all pe works for drifts fallen in, wch/ as tis supposed were pulled down by pe D. to p'rvent pe P's discovery/ of pe truth. The P.then threatned pe D. with suit for his/ damages but by meeting with no Satisfaction pt way was/ forced to begin Works of his own by Sinking Pitts & driveing/ Soughs & works to discover the trespass. One Pit of wch is neer/ 60. yards deep & another above 50. And pe mettall being/ Stone & other hard matt'r the works took up 3. or 4 years/ in perfecting & were but finished about 6 months agoe when/ pe truth plainly appeard pt pe D. had got Coals of pe P's. & done/ other damages to pe value of above £60

Mark none. Mr.Downes & Robt: Skelhorns Case.

Held by
Cheshire Archives and Local Studies
Former department reference
DDS/413
Language
English
Physical condition
Paper 1 sheet 8" wide by 13", written both sides. Watermark.
Record URL
https://beta.nationalarchives.gov.uk/catalogue/id/7ff2cf18-c510-4e41-aa68-f38214909841/

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Queries and Answers in respect of a case of Trespass, Mr.Downes (or Downs) v. Robt. Skelhorn