Ms. Hatcher:
The legal term "trespass" has had a far broader meaning than the one laymen
use today. If you're not familiar with the following legal dictionary, you
may find it helpful:
John Bouvier, _A Law Dictionary Adapted to the Constitution and Laws of the
United States of America and of the Several States of the American Union_,
rev. 6th ed. (1856); digital editions, _Constitution Society_
(http://www.constitution.org/bouv/bouvier_t.htm).
Elizabeth
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Elizabeth Shown Mills, CG, CGL, FASG
Tennessee
-----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 8:56 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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