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title:“York County Court of Quarterly Sessions Judgment in Mason versus Lee”
date written:1789-5-20

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"York County Court of Quarterly Sessions Judgment in Mason versus Lee." The Papers of George Mason. Vol. 3. Ed. A Rutland. Chapel Hill: The University of North Carolina Press, 1970. 1155-56. Print.
Transcription, York County Order Book No. 6 [1788-1795], 139

York County Court of Quarterly Sessions Judgment in Mason versus Lee (May 20, 1789)

20 May 1789
George Mason (Plt.) against William Lee (Deft) In case
This Day came the Parties by their Attornies and the Deft. moved that this suit be abated upon the Suggestions contained in an affidavit made by John Taylor Esquire which follows in these Words "Henrico County Sct. John Taylor Esqre. of Caroline made Oath before me a Magistrate of the said County that he was at Caroline Court last Thursday when and where It was reported that Colo. George Mason of Fairfax had departed this Life and this Deponent particularly recollects that he heard this Information from a Gentleman who resides some distance from Fredericksburg, but this Deponent does not know any thing himself of the truth of the said Report. Given under my hand this sixteenth day of May 1789 'Miles Selden' " which motion being overruled the said Deft. excepted to the opinion of the Court and thereupon came a Jury—to wit Thomas Drewry, Samuel Bland, Richard Hansford, Samuel Eddens, John Kerby, William Russell, William Waller, Thomas Gibbons, Robert Drewry, James Davis, Thomas Gibbs, and Jacob Gilliam who being elected tried and sworn the truth to speak upon the Issue joined upon their Oath do say that the Deft. did assume upon himself in manner and form as the Plt. against him hath declared and they do assess the Plts. damages by occasion of the Defts. breach of that assumption to two thousand four hundred and twenty Pounds one shilling and six pence Current Money besides his costs. Therefore It is Considered by the Court that the Plt. recover against the Deft. his Damages aforesaid in form aforesaid assessed and his Costs by him about his suit in this behalf expended. And the said Deft. in mercy &c.
[Marginal Note] Sce: Fa: issd. to James City May 28th: 1789. Thus returned[:] Executed on 92 Negroes, 200 head of Cattle, 133 Sheep & 8 Horses and a Bond given by Nat: Burwell the Defts. Attorney for the forthcoming of the said property at the Day of Sale, which said Property was not delivered agreeable to Bond given
W. BROWNE De. Shf.

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