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BW's Deposition in James Markham Marshall v. Thompson

Westmoreland County Court

The deposition of Bushrod Washington taken at the dwelling house of the said Washington in the County of Westmoreland on the 15th day of May 1802 in a suit now depending in the High Court of Chancery in which James M. Marshall is plf and John Thompson & others are defendants.

     The said Bushrod Washington being first duly sworn deposeth that he gave a deposition in this cause at the swan tavern in the City of Richmond on the 15th day of January 1802 as appears by a certified copy thereof hereto annexed. he further says that at the time of giving the said deposition he examined the platt of ten-hundred & seventy two acres of Land surveyed for the right Honbe the Lord Fairfax dated the 17th day of April 1751, which platt was then annexed to the said deposition, and the said deponent saith that verily velieves that the said platt is the hand writing of Genl George Washington decd who he has understood, and from sundry books of surveys in his possession this deponent believes was at the time above mentioned in 1751 one of the surveyors employed by Lord Fairfax in the Northern Neck of Virginia. This Deponent is in possession of several letters and other papers of the said George Washington written about that time and thinks from a comparison of hands that the afsd paper is of the hand writing of the said George Washington. he further says that the depone[nt] amongst the papers of the said Genl Washington a book in which it appears was entered the surveys made by him, in which book is entered the survey of which the platt afsd is supposed to be the original and which is in the following words viz: "Surveyed 17th April 1751 for the right Honbe Thomas Lord Fairfax a certain tract of waste land on the No. river of Cacapchon beginning at a large white oak & Hickory Corner to John Stackhouse on the So. side of the water & on the side of a mountain and extended along the side thereof No. 41 30 E. 343 poles to 3 white oak corner to Robt Lindsay, thence with his line No. 48° W.' 320 po. to another of his Corners thence S. 38°, 30' W. 325 po. to another of Stackhouses' Cr. finally with his line of S. 45 E. 305 po. to the beginning containing 672 acres—

Jno. Lowe

John Stackhouse} C.C.

Rev. Lindsay Jr.

     And further this deponent saith not

Bushrod Washington

The above deposition was sworn to by the said Bushrod Washington, and was taken before us Justices of the Peace for the County of Westmoreland at the time & place for that purpose above mentioned.

George Garner

Chas R. Thompson

Source Note

ADS, ViHi: Virginia, High Court of Chancery, Papers. This deposition was attached to a printed form for a commission to take depositions from George Wythe's court in Richmond. The form gave George Garner and Charles Thompson a commission to examine witnesses on behalf of "James M Marshall plaintiff, as on behalf of John Thompson, defendants in the suit depending in our High Court, between the said James M. Marshall, plaintiff, and the said John Thompson, Joseph Thompson, and James Thompson Defendants." The document was signed by Peter Tinsley on 15 Jan. 1802.