RepositoryCheshire Record Office
ReferenceDDS 21/44
TitleQueries and Answers in respect of a case of Trespass, Mr.Downes (or Downs) v. Robt. Skelhorn

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

The Deft about 2 yeres agoe left of gettinge Coal in the Kelts land
That the deft has got 483 qrs of Coal & as the Deft sold the the same/ the Sum amounted to ------- 48-06-00.

Q. If the father or son shd complain or both together
Q. The way of serving the process thro the new Act
Q. The Damages done by pulling in & down the sd Work for the man th did/ the same & Q. by whose ord'r.
Q. What treaty &c. if yt mature, or overtures &c. before the Expiracon/ of the 6 yeares.
Q. If Skelhorn had notice of his trespass d'rin the 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 the 6 yeares were expired/ A. Mr. D. began to sink his Shafts &c long before the 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 the like/ If father & Son and shd' not both be P'tys.
S. promised when the matt'r was fownd out he wod' pay all the 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 the 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 the....Coales often/ promised pt If it proved so he wod' make full Satisfaction &/ tht hee wod' suffer the sd workmen to goe down into the work & try/ if the fact was so with which fair speeches hee made the 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 the works for drifts fallen in, wch/ as tis supposed were pulled down by the D. to p'rvent the P's discovery/ of the truth. The P.then threatned the D. with suit for his/ damages but by meeting with no Satisfaction tht 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 the 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/ the truth plainly appeard tht the D. had got Coals of the P's. & done/ other damages to the value of above £60

Mark: None. Mr.Downes & Robt. Skelhorns Case.
Physical DescriptionPaper: 1 sheet 8" wide by 13", written both sides. Watermark.
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