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Date: | Mon, 29 Mar 2010 17:33:20 -0400 |
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Looking at the definition of 'assignment' in the same reference, it seems to
me that an assignee can be someone who represents another (as a lawyer
might) or that property is conveyed. Because Samuel Hatcher was the
plantiff, I'm guessing that he could not be present and asked Henry to
represent him. But I agree with another poster that locating previous
actions on this case might make it clearer.
Cynthia McDaniel
-----Original Message-----
From: Research and writing about Virginia genealogy and family history.
[mailto:[log in to unmask]] On Behalf Of nelhatch
Sent: Friday, March 26, 2010 9:56 PM
To: [log in to unmask]
Subject: [VA-ROOTS] Legal definition needed.......
HATCHER website: http://hatcherfamilyassn.com
HALL DNA project: http://homepages.rootsweb.com/~nhatcher/hall/HDNAtest.htm
"One of the tragedies of life is the murder of a beautiful theory by a
brutal gang of facts" - La Rochefoucauld
I have the following record that I'm not sure I understand......
Goochland County, Virginia
Court Order Book 1730-1731
December Court 1730
Hatcher vs. Symes
In the Action of Trespass on the Case between Henry Hatcher Assignee of
Samuell Hatcher Plt. and Richard Syms Defendt. the sheriff having made
return on the Alias Capias that the Deft. is not to be found and he failing
to appear on the Plts. motion a Plurias Capias is awarded against the Deft.
returnable to the next Court.
My understanding is that an "assignee" has had certain "rights" transferred
to him, usually involving some sort of property. But in a "trespass" case,
that definition doesn't seem to make sense.
So....why would Henry Hatcher be the "assignee" of Samuel Hatcher and what
exactly was "assigned" to him?
One thought I had is that Henry lived in Goochland where the trespass
occurred but Samuel, the owner of the land trespassed upon, did not. So
Samuel "assigned" Henry to represent him in the Goochland court.
Is this a possibility and are there other reasons to explain this
assignment?
Thanks for any and all input!
Nel Hatcher
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