William Smullen 1
- Born: Abt 1660, Ireland
- Marriage (1): Mary Fleming? about 1685 in Somerset Co., MD
- Died: 1704, Somerset Co., MD
On Jun 2 1688, William Smullen purchased 150a of "Goshen" from John/Anne Barber (SoLR-M4:431).
On Jun 5 1688, John Barber and William Smullen transfer a land warrant to Richard Hall, Hall has land called "Holdfast" surveyed for him using the certificate on Oct 1 1688. This land is on modern-day St. Lukes Road about one mile outside of the Salisbury, MD US 13 bypass (2017).
He served on a jury on Feb 11 1691 in Somerset.
William Smullen brought suit in the Somerset Co. Court against Jeremiah Harris in 1695 for monetary issues stemming from Jul 1693 as follows: William Smullen Plt. Jeremiah Harris Dft Jeremiah Harris late of this County was attached to answer unto Wm Smullen of a plea of trespass on ye Case &ca. And whereupon the Said William by Peter Dent his Attorney Complaineth that whereas a Certain Communication was had and moved between the Said William & the sd Jeremiah of & Concerning the erecting & building of a fourty foote tobacco house for him ye Said William on the land of him the Said William upon which Conference the sd Jeremiah afterwards to wit the 28th day of July in the year of our Lord 1693 at Parrahawkin within ye Jurisdiction of this Court in Consideration that the Said William would Satisfie & pay unto the said Jeremiah the Sum of Eight hundred pounds of tobacco, when the sd house should be well & Sufficiently finished The said Jeremiah did assume upon himself & to the Said William faithfully promise that he the sd Jeremiah the sd Tobacco house in Some reasonable time would well & Sufficiently erect and build & the sd Wm in fact Saith that he giving Credit to ye promise and assumption of of the Said Jeremiah as aforesd mad afterwards at the Especial instance & request of the sd Jeremiah did pay & deliver to the sd Jeremiah four hundred pounds of tobacco part of the Said eight hundred pounds of tobacco Nevertheless the sd Jeremiah his Contract & Agreemt afd not regarding but minding & fraudulently intending the sd Wm in this behalf to deceive & defraud the sd house hath not erected & built, but the Same hath refused & doth Still refuse to erect & build whereby the sd Wm hath not only lost ye sd 400 pounds of tobacco to the sd Jeremiah in hand paid, but also Severall other Considerable losses in his Cropp of Corn & tobacco to the Value of 1000 pounds of tobacco for want of ye sd house hath Sustained & lost to the damage of the sd Wm of 2800 pounds of tobacco & thereof he brings his Sute &ca. Dent pr Quer Pleg &ca Jno Doe Rich Roe And the Defendt pr Sam Worthington his Attorney Defends the force & injury afd, & Saith that the plt his accon agt him ought not to have, he being a party by-in agreement for the house in the Declaracon mentioned & is Sued for ye damage of the whole & Saith that the Agreemt was joyntly with John Barber and my Self with the plt. and he is not obliged to answer unto ye plt of him Self, & Craves abatemt of the Writt & of this puts himSelf upon the Court Worthington pro Dft And the plt Saith he ought to have his accon & puts him Self on the Court also Dent. The Declaracon being read the issue joyned & the Evidences examd it was the judgmt of the Court that the accon afd was rightly Stated and therefore doe award the Dfendt to pay to the plaintiffe Two hundred pounds of tobacco for his damages Susteined with Cost of Sute alias Executio. Jno. Barber Deposition read in Court" (SoJ-1695/96:28)
28 ~ William Smullen, Pltf. vs. Jeremiah Harris, Deft. for 2800 lbs/tbco damages for not erecting a forty foot tobacco house for Smullen at Parrahawkin; Peter Dent, attorney for Smullen, claims Harris agreed on 28 July 1693 to construct the house for 800 lbs/tbco and received 400 lbs/tbco credit from Smullen; Sam Worthington claims improper suit because John Barber was also party to the agreement but not sued; Court awards Smullen 200 lbs/tbco.
William married Mary Fleming? about 1685 in Somerset Co., MD. (Mary Fleming? was born about 1665 and died about 1743 in Worcester Co., MD.)
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