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^OVA SCOT/4 
 
 PROVINCE HOUSE 
 
i- 
 
 -'Si!-' 
 
 u^reme ^ourt 
 
 1B80 
 
 Guysborough, SS. 
 
 C-A.TJSE = 
 
 Jesse Cumminger, Plaintiff. 
 
 "VersvLs 
 
 Edward Malay, Defendant. 
 
 HALIFAX, N. S. 
 
 Wm. Macnab, Law Printer, Prince Street. 
 
 IbSl. 
 
 ',♦•-■'*'' 
 
■-{.'ii^.i -*■■: ^^?%n- 
 

 #1 the Sn^reme §omU 
 
 1880. 
 
 Guysborough, SS. 
 
 C.A.TJSE 
 
 Jesse Cumminger, Plaintiff. 
 
 "VertAis 
 
 Edward Malay, Defendant. 
 
 HALIFAX, N. S. 
 
 Wm. Macnab, Law Printer, Prince Streei 
 
 1881. 
 
l.'+l.^ 
 
 ^a> 
 
jB^Mi^K^aMsaMMas 
 
 I3:txd:b22:. 
 
 PAGE. 
 
 Order Nisi 3 
 
 Issue 3 
 
 Evidence of Plaintiff * 
 
 " " F-anch^^ille 5 
 
 " " Oa'.neron 5 
 
 " •' Plaintiff ic-?.umed 5 
 
 '* " A. numminger .... 6 
 
 ' Defendant 6 
 
 '• " StewjTt 7 
 
 * " Defendant '-esurnt.i 7 
 
 " " Stewftrt i;snmei 7 
 
 " " D. Oamerun 8 
 
 ''■ Stewait i9-called 9 
 
 Gmnt, Crown to Cummir^'er 9 
 
 Record Roll, Cumminger vs. Malay 10 
 
 Deed, Franchville to Cumminger 10 
 
 Deed, J. Malay to T. Malay 10 
 
 Affidavit of Plaint!"' U 
 
 Deed, Malay to Sterns 12 
 
 Deed, Rose Ann Malay to Defendant 12 
 
;i^*^-.-„„^uCi:; . \' *■ ^^? '■' w^ '■^■- -'^^*^f£^^::2^^£l 
 
 I 
 
 1 
 
I 
 
 ^BP^iSSWW: 
 
 ^stgfrfiW'TimyiigiH 
 
 QUY8B0R0TTGH S.S, 
 
 IN THE SUPREME COURT, 1880. 
 
 Cause — 
 
 JESSE CUMMINGER, PUdntif. 
 
 V8. 
 
 EDWARD y.ALAY, Defendant 
 
 It is hereby ordered, by consent of parties, their counsel and attorneys, that the 
 verdict entered by consent for the defendant herein be set aside, with costs, on the fol- 
 lawing grounds : — 
 
 Ist. Because said verdict is against law and evidence. 
 
 2nd. For the improper reception of evidence. 
 
 Srd. For the improper reception of testimony, and on the groundt taken at the 
 trial with leave to the Court to draw inferences of fact and enter a verdict for the plain- 
 tiff if such Court should see fit. 
 
 Unless cause to the contrary be shewn within the first four days o< the ensuing 
 December term of this Honorable Court at Halifax. 
 
 Dated this sixth day of October, A. D., 1880. 
 
 By the Court, 
 
 (Sgd.) EDWAED CARRITT, 
 
 Prothonotary. 
 On motion of Mr. Weeks, Counsel with Plaintiff. 
 
 10 
 
 20 
 
 GUYSBORO', S.S. 
 
 IN THE SUPREME COURT, 1880. 
 
 To wit — Be it remembered that on the 2nd day of August, 1879, Jesse Cummin- 
 ger, by Hugh McD. Henry, his attorney, sued out of this honorable Court a Writ of 
 Summons against Edward Malay, of T'vo Mile Lake, in the County of Guysborough, 
 yeoman, and thereby alleged that the said defendant withhold." the possession, to which 
 the said plaintiff claims to be entitled, of a certain lot of land situate on the eastern side 
 Two Mile Lake, i i the County of Guysborough, and described as follows : Beginning 
 
 30 
 
_ t 
 
 am's»-ssff^r.!. ■ 
 
1 
 
 I 
 
 ftf. r» stalo ulamlint? en the r-agtern bank of the Antigonish branch of -Saint Mary s Rivei 
 thence running soutti fifty-«ix degrees and thirty minutt-s, oast ' y the south-western line 
 of land occupied by Duncan Cameron one hundred and four chains, to a stake, thence 
 south thirty degrees and thirty minutes, west twenty-two chains, to a stake, thence 
 north fifty-six degrees and thirty L.inutes, west sixty-three chairis, thence south 
 thirty-three degre*;a aid thirty minuces, west ".even chains and fifty links, '.hence 
 north fifty-six degrees and thirty minutes, west fifty-five chains, to the said branch of 
 Saint Mary's River, thence north-eastwardly along the said branch to the (ilace of be- 
 ginning, containing tv 3 hundred and fifty acres, more or less, and for the withholding of 
 which he claimn two hundred dollars dimages. 
 
 The salt', defendant by Aii;^'U8 Me«}illivray, his attor.ioy. says for a plea to tho 
 plaintiff's declwation, that tho said plaiatitf is not entitled to tho possession of tho 
 lob of land c'ainiod by him. 
 
 And the said dofemlant by Angus McGillivii. is attorney, for an amended p'ea 
 plopded by leave of tho court to the plaintiff'^ \7n., af summons says, b* only defends 
 for a part of the premises claimed by ihe plaintiff, and which is thus described : 
 That co'-tain lot, piece or parcel of land, situate iying an(! bemg on the east side of 
 the a&y^ or Antigouish branch of Saint Mary's ^.iver, in the County of Guysborongh, 
 and is bounded as follows, that is to say : — Beginning at the south-west corner of 
 lands of Duncan Cameron at the said aast or Antigonishe branch of said rive'- ; 
 thence eastwardly along the southern line of the said lands of tho said Duncan Can. ;• li, 
 four hundred and sixteen rods.or to the western line of lands of the salt' Duncan Cameron 
 and of lands of John D. Cameron ; thenco southwardly along tho said last-mentioned 
 line eighty rods, or to a spruce corner tree on the said last-nientioned line ; thence 
 westwardly parallel to the said southern line of the sai<l lands of the said Duncan 
 Cameron, four hundred and seventy-tv/o rods, or to the said east or Antigonishe branch 
 of said river ; thence northwardly along the several courses of said east or Antigonishe 
 branch of said river to the place of beginning, containing two hundred acred rao: or 
 less, and he disclaims all right to the possession of the residue of said premises ; and 
 as to the part for which he defends, says that the said plaintiff is not entitled ',o the 
 possession of the part of the said premises above specifiod. 
 
 40 
 
 Supreme Court, GuYsBoiio', 5th Oct., 1880. 
 
 CUxMMINGER vs. MALAY. 
 
 Weeks, Q. C, opens. 
 
 Jessie Cumminqer, plaintiff. * 
 
 TJie Land.— I know the land on the plan attached to grant A W, marked A. It 
 is bounded nor^h by Duncan Cameron; westerly by the river, the Bianch. It is at 
 the foot of the Lochaber lake. James Mala ^ occupied this land A forty years ago , 
 he died about ten years ago. Thomas Malay, the son, occupied the piece o)" 'and A 
 .shortly before the death of his father, James. 
 
 Paper B W tendered, withdrawn. 
 
 ^0 
 
 60 
 
 70 
 
 tmmm»-s-^sti<',t- 
 
 ^.^ .• . 
 
 mfmi^miimMi&eimr 
 
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 ^1 
 
 ';;^3i.#. 
 
Ekr-. 
 
 80 
 
 Edward Carratt called and sworn. — I am the Prothonotary oi- the court. Mr. 
 Weeks aska witness to produce the record roll in Jessie Cumminger vs. Thomas Malay. 
 (Mr. McGlLLiVRAY objects, that this is contrary to practice.) The witness produces B 
 W, and says the filing is in his hand-writing. This paper has remained filed with me 
 from the date of filing, third Apjust, 1870, till the present time. [Mr. Weeks ten- 
 ders paper B W as the record in this suit. Mr. Mc(tILLIVRAY objects, because it is not 
 a record • not signed by the officer of the Court, nor signed by an attorney ; it is not 
 a record as the law requires ; there is a fatal objection in the erasure.] 
 
 [I receive the paper, subject to the objection.] 
 
 [Witness stands aside.) 
 
 G. M. Franchville — I am son of Edmund H. Franchville, High Sheriff in his 
 life tinie of this County. He was High Sheriff 30th Januaiy, 1874, and this is his 
 hand-writing, the signature to paper C W. I adiriinistored the oath to the witness, 
 and this is my signatu'"', as a J. P., which I was. He proves the Registrar's signature. 
 Deed C W tendered ; objected to, and received. 
 
 W. D. R. Cameron— I am the Registrar of Deeds of the district of St. Mary's, in 
 the County, and this signiture to the writing endorsed on this paper D W is mine. 
 This paper is a true copy taken from the records in my office. The original is not in 90 
 my office. 
 
 [Plaintitt" resumes his evidence.] 
 
 Father and son lived together at the time of father's death. Old Malay I mean. 
 Thomas was on the property for a number of years. Thomas, after fathei's death, re- 
 mained in possession till three or four years ago. Defendant lived on other property 
 while Tl omas was on the place. The widow died about two years ago. She lived on 
 this property till time of her death. T first knew defendant to be on this place A after 
 Thomas Malay had left the place. I demanded possession of the property before suit 
 from defendant. He refused. This deed. The first lot described in this deed C W 
 covers the piece in dispute, A W. I know Duncan Cameron's south line ; it is the 100 
 north line of this. The land in dispute does not touch Lochabar lake. It is a little 
 north of the land. The Adam McKeen lot, the William D. Hall lot, and my own lot 
 (40 acre lot B) lie to the south of the land in question. The land in the grant is the 
 same that James Malay occupied and that Thomas occupied The original writ and 
 declaration in this cause is read. 
 
 Cross-examined.— I am in my (lOth year. James Malay's wife was Rose Ann 
 Taylor before marriage. I know James intimately; he always resided on the land in 
 (juestion ; before he went there he resided at the cross-roa'd, St. Mary's, with his wife. 
 I knew Wentworth Taylor, brother of the wife ; was a land surveyor. Ephraim was 
 a brother, and lived near the land in question. They lived tliere after James and his 110 
 wife moved on the land in question. Defendant is the sou of Ja:ues and Rose Ann. 
 I have known him for years. Before his marriage he resided on the place in question 
 with When Thomas went off and defendant went on to the place it was four 
 
 or five or six years ago. There was a fence between the house of defendant and lot A. 
 The v/idow always lived on A. James was round the County working while the widow 
 lived there. He was a laborer. 
 
f 
 
 Re examined— Edward lived on the place on plan on grant marked Adam Mc- 
 Keen. I don't know whether the fence I said was between him and lot A was north 
 or south of the red line on northerly bound of Adam McKeen's lot. 
 
 Affidavit E read. Deed D W tendered. 180 
 
 (Objection that the affidavit is insufficient under the Statute. No evidence by wit- 
 ness to the Deed.) 
 
 Deed D W read, subject to objection. 
 
 Alexander Cumminger.— I knew old James Malay thirty years and upwards. I 
 know the land in dispute He resided thirty years ago on the land in dispute. I don't 
 know anything to the contrary that he resided there till his death— T think about ten 
 years ago Edward was one of the younger membtii of the family. I don't know of 
 anyone else being in possession. There was a fence at the south of Duncan Cameron. I 
 don't know how many years James lived on the lot. 
 
 Plaintiff rests. ^^^ 
 
 Mk. McGillivhay for non-suit. 
 
 Defendant was in possession when the grant issued. 
 
 No evidence that the Thos. Malay in Deed D W is the defendant in the judg- 
 ment of whicli record is claimed. The copy of Deed D W is insufficient. It does 
 not show that original was ever proved by the witness. 
 
 There is no certificate of the proof. It does not appear that the deed was ever 
 
 proved. 
 
 The description is uncertain, the locus cannot be ascertained, and there is no 
 evidence to identify it. Land gianted by Deed must be granted with certainty. 
 
 The land in Deed i„ not that in the declaration. The sheriff's Doed insufficient 140 
 and irregular because there was no record before issue execution. 
 
 Nothing to show tbao the deed from sheriff (C W) contains the same land or any 
 part in deed from James to Thomas Malay. 
 
 Mr. MoGiLLivuAY opens defer ce. 
 
 EnWARD M ALLAY— I am 89 years of age. My mother's name was Rose Ann. 
 She had been Tayloi'. My lather's name was James. I lived on the land in dispute 
 at Lochaber Settlement, a mile away from Lochaber Lake. Duncan Cameron 
 bounds me on the north and easteily, John D. Cameron, Adam McKeen and John D. 
 Cameron on the south. The East Branch river bounds me west. East branch of 
 St. Mary's river I claim there two hundred acres. This plan F W represents my land. 150 
 About one hundred acres has been cultivated. I live there now. My mother always 
 lived on that land. My father lived there. He made it his home. It has been my 
 home most of my life. I had been off and went finally to live on six years the 14th 
 February last. There was seven years I did not live on it, but my means were ex- 
 pen^u d there all the time. Previous to moving the last time in the present house I 
 
 '"HKssir"' 
 
i 
 
 built that 1 juse. This was fourteen years ago. My father died nine years ago last 
 January and my mother died three years last March. She was living with me at the 
 time of liei' death. My brother Thomas never had possession of that place. He 
 was back and forward there, and the day I went into it last he left there. Thomas 
 wanted me to take charge of mother, and said if he had any right there he would 160 
 gi' it up to me. He had done work to the house after I built it and while 
 he .v^as back and forward with my father and mother, and I paid him for this 
 work when I last went to live on the place. Tiie witness stands aside. 
 
 John S. Stewart. — 1 wrote this paper, G W, and it was executed in my presence 
 and witnessed by me. Th*Me was a seal where the marks now are on the paper and 
 usual place. It was executed b/ James Malay, father of delendant. 
 
 Deed 1 1th March, 1862, G W, read by consent. 
 The defendants' f idence resumed — 
 
 Thomas Malay said about fourteen years ago that he was bound to have all that 
 property yet. Sterns was living there on the place, and Thomas said father could not 170 
 give a Deed. Thomas said that father might give a dozen Deeds He said he saw the 
 Deed from father to Sterns. He said father had no right to Deed, and he said he, 
 himself had no right to Deed because he did not get the Deed from the right party. 
 (This is objected to.) He said the land was mother's. Twenty-two years ago my 
 father came after me and iny parents put me in possession of the place, and my mother 
 was there present, and ever since my means were expended on the place. I have been 
 on it most of the time, and had possession from the time I was given possession. 
 Thomas left home six years last February. He had lived, for two years previously to 
 that, in the house I built, and for which 1 paid him for repairs. I had lived off and on, 
 and sometimes permanently, on the place all ;'long Previously at the time Thomas 180 
 went there, eight years ago, there was good stock ; when he left the stock was gone . 
 He left my mother destitute. Sterns, about fourteen years ago, went off". He had been 
 in an old house, and when he went away he gave me all the rights he had He had 
 been in the same house as my father and mother. He was married to my sister. 
 What I was put in possession of, and what I always possessed, is represented by the 
 heavy line on plan F W. (The witness points out the lines, as in the amended plea, 
 and says the north line has been fenced thirty years, and the south line, in parts, have 
 been fenced over twenty years, on the river it has always been a meadow. I know of my 
 father trying to sell the land, and my mother forbid it. (Objected). Father then said it 
 was no use to try and sell, as it belonged to my wife. This was over twenty-five years 190 
 ago. I heard my father say repeatedly that che land belonged to mother, and he could 
 do nothing with it. 
 
 Witness stands down. 
 
 John S. Stewart recalled. 
 
 This paper H W was executed by Rose Ann Malay in my prasence. I read over 
 and explained it, and she made her mark and it was delivered in my presence. 
 
 Deed. Ki April, 1875, from Rose Ann Malay to Edward Malay, marked H W, 
 read without objection. 
 
E 
 
Defendant's evidence resunieil. 
 
 This deed H W covers the land in question. 200 
 
 Gross-examined — My brother Thomas is Hfty-nine. In my Prst rocollect'on, he 
 lived two miles aw^ay from this on another pnjperty. My brother did not live fifteen 
 years on this last named place, I can't say any nearei'. When I was nine years of 
 age I lived with my sister, back and forward for a couple of years. I hired then for 
 a year two miles from houie. I was home and worked about and earned something 
 in the community, which I took home. About three months is the longest period I 
 was from home since. 
 
 For about six years I was not living permanently in the house I built, but })art 
 cf the time in a house adjoining and other places. The old house was in existence 
 when I first remembei'. My father and mother left that when I was quite young. They 210 
 built a house on the place near wheie I afterwards built. My brothei' Thomas ha. 
 nothing to do with the building of any house on the place, that I know of. He was 
 away when father and mother built the house near where I built. At the time part 
 of the south line of Cameron's was built.. I don't remeuibur of the south fence of the 
 disputed lot at that time ; 200 rods was always kept up on the south after I built 
 in one place and more in another place. Father was eighty-eight years old when he 
 died. About fifteen or twenty acres were cleared when father and mother moved in 
 the second house. I never heard uiy father say how long he had been on the land. 
 Occasionally, as far back as I recollect, father was working on the land. What Thomus 
 said of giving up right was, that he would give up right to anything about the place 220 
 if he had anything there to me. He did not claim any right. I heard Hying ru.nors 
 of a sheritfs deed to Cumminger. (I decline to permit a question as to whether the 
 witness knows of the right and title of Thomas Malay in lands described to witness.) 
 The counsel then read the description of the bounds in the deed C W, and asks if the 
 witness knows of such land '. He says that if at the foot of Lochaber lake, as de- 
 scribed, they are a mile away from the land in disput.*". The foot of Lochaber lake 
 is south. I know of a small lake or still-water on the west side of the road leading 
 from Sherbrook, and this is my west bound. I know Duncan Camercni's south line. 
 The witne.ss in asked if the desciip'ion read to him from the deed C W is the, land in 
 dispute ? He answers that a part of it is like the land, but a part of it is different. I 230 
 do not claim a strij., all the way across between the bottom claimed in the writ. 
 
 Duncan Camkron. — I live ^lorth of Edward Malay foi' forty years. James Malay 
 and his family lived there fort) years ago. James Malay continued in possession of. 
 James Malay told me while on the land that it was his wife's — that is the two hun- 
 dred acres in possession of defendant now. James told >ie his wife got fron\ hei- 
 father. We made the line betwecTi us accordirg as we would clear. There was a 
 line fence on the south ever sinc2 I went there and a line on the west and on the 
 south of what Edward claims now. My son is on the east. Theie is a softwood tree 
 on the .south-east corner. Malay anil his wife held within thest* lines forty years 
 ago. A good deal of it has been cleared— the most of the 100 acres in the front. 240 
 James Malay said he left his wife, went to Newfoundland, and while he was away, 
 her brother and father built a house on this land and gave it to her, and put her in 
 posse.'-sion, and he found her in possession when he returned. He said it was his 
 
I 
 
 m 
 
9 
 
 wife's land. Defendant helped hia father and mother pretty often to my knowledge. 
 I knew Thonias went out of the County. 
 
 Cross-examined. — I don't know whether the old man had returned when I fii-st 
 knew the family living there. The old man on his return told me that the land was 
 exchanged, that Taylor bought from Bent, that it was got from Bent for his wife by 
 her people. I reject evidence of conversation as to a Deed to Thomas. The defen- 
 dant I know was oftenest on the property. I can't say any sum defendant contributed 250 
 to his family. 
 
 John S. Stewart recalled, (he only having been called to prove Deed prev- 
 iously.) I live a mile from defendant, at the south end of Lochaber Lake. I have 
 known defendant's parents 35 years, and have been frequently at their place while 
 they lived. I know the land on which James Malay resided. I know Duncan 
 (Cameron is on the north of defendant. John D. Cameron is on the east. The east 
 branch is the west of this land. Description of Deed G W is read. Th- witne.ss 
 shows that this covers the land marked Edmund Malay on plan F W e '.(0 the 
 lower part, about one half of it easterly from the road, that at the time of the Deed 
 G W. James Malay, defendant's brother, was at the time of the making of Deed 260 
 G W in possession of the lower part. 
 
 Defendant rests. 
 
 It is here agreed that a verdict be entered for defendant, subject to the opinion 
 of the Court, and with power for the Court to draw inference of fact, and a rule nisi 
 passes accordingly. 
 
 A W. 
 
 A Deed from Crown to Jesse Cumminger, of Goldenville, St. Mary's, in the 
 County of Guysborough, merchant, of two lots of land containing, together, two hun- 
 dred and fifty eight acres, situate, lying and being in the County of Guysborough, and 270 
 bounded as follows: The lot marked " A " on the annexed plan, containing two hun- 
 dred and eighteen acres, and the lot marked " B," containing forty acres. Beginning at a 
 stake standing on the eastern bank of the Antigonish branch of St. Mary's River, thence 
 running south fifty-six degrees and thirty minutes, eact by the south-western line of 
 land occupied by Duncan Cameron one hundred and four chains to a 8t?ke, thence south 
 thirty-three degrees and thirty minutes, west twenty-two chains, to a stake, thence north 
 fifty-six degrees and thirty minutes, west sixty-tnree chains, thence south thirty-three 
 degrees and thirty minutes, west sever, chains and fifty links, thence north fifty -six de- 
 grees and thirty minuter, west fifty-five chains, to the said branch of St. Mary's River, 
 thence north -eastward ly by the branch to the place of beginning. 280 
 
 Dated the 14th day of July, 1876. 
 
 Consideration, $113.50. 
 
 Registered in the Office of Registry of Deeds at St. Mary's, aforesaid, at 5 o'clock, 
 April 29, 1879. Book of Grants, No. 2 p.p. 7£, 76. 
 
tm»' ■I 
 
 mmmmr^3mt*a 
 
.s.v.*-;^M.»%;S<- W'^*^:'>^t*«Cv .i'r-'^fc-A^^i--,* S?,-?C .,v ■»■ , v;^'^«; ■ 
 
 10 
 
 B W. 
 
 IN THE SUPREME COURT, AT GUYSBOROUOH. ON THE TENTH DAY 
 
 OF FEBRUARY, A. 1). 1867. 
 
 GuYSBORf>uaH Court. 
 
 Jessie Cwmminger aued out a Writ of Summana against Thomas Malay, imth the 
 'particulars annexed as follows : — 
 
 Feb. 4, 1H79- To balance of settleinent at date 9^^^ ISJ 
 
 The plaintiff claims interest on the above sum, from date until judgment. 
 
 And the said Thomas Malay iias not appeared. Therefore it is considered that 
 the said Jesse Cumininger vecover against the said Thomas Malay, four hundred and 
 thirty-nine dollars and twelve and one half cents, together with three dollars and 
 seventeen cents for cost of suit. ^^^^^ CUMMINGER. 
 
 Attorney in person. 
 
 W. 
 
 300 
 
 Deed from Edmund F. FranchviUe, Sheriff of (Juysboro County, to J<^sse 
 Camminger, conveying all that lot of land situate at the foot of Lochaber Lake, so 
 called, adjoining lan.ls owned by Duncan Cameron, and de«^ribed as follows :-Com- 
 mencing at or near a small lake or still water on the wes n side of the road leading 
 from Sherbrook to Antigonish ; thence running easterly along the said Duncan 
 Cameron's southerly line, one and a -luarter mil-^s ; thence southerly, eighty rods 
 more or less ; thence westerly, one and a quarter miles, or until it strikes the shore of 
 said lake or still-water ; thence northerly by the several courses of said lake or still- 
 water, to the place of beginning, containing two hundred acres, more or less. Also a 
 certain lot of land bounded on the north by the above described lot, and on the south 310 
 by lands owned and occupied by one William Ha.vle. containing one nundred and 
 fifty acres, more or less. 
 
 Consideration, $442.29^. 
 
 Dated January 30th, 1874. 
 
 Reg. book F. p. p. 107-9, March 2nd, 1874. 
 
 D. W. 
 
 Deed, dated 26th day of March. 1868, from James Malay. Senr., of the District of 
 St. Mary's. County of Guysborough. Farmer, to Thomas Malay of the same place, con- 
 vey-og all that certain piece of land, situate at the foot of Lochaber lake, adjoining 320 
 Duncan Cameron's south line and running easterly, following the same course of the 
 said Duncan Cameron's south line, one and one-fourth of a mile ; said lot of land df- 
 
 
11 
 
 merly owned by the late William P-^nt. Esq.. and containing two hundred acre, more 
 or les*. 
 
 Consideration, $320.00 
 
 Registered at 4 p. m., Murch Slat. 1868. 
 
 Certificate thereon— , , . , ** i » 
 
 I certify that the wHhin paper writing U a true copy of a deed of James Malay to 
 Thomas MaLy. as the same is registered in the olfic. of Regmry ot Deeds for th D,s- 
 trfct of St Mary's, at Sherbrooke. in the County of Guysborough. P ^ok E.. pa^. 170. .30 
 
 (Sg'd.) W. D. R. CAMERON, 
 
 Regittrar. 
 
 E W. 
 
 GUYSBOROUOH S.S. 
 
 IN THE SUFtlEME COURT, 1^80. 
 
 Cause — 
 
 JESSE CUMMINGER, Plaintiff. 
 
 340 
 
 va 
 
 EDWARD MALAY, Defendant. 
 I, Jesse Cumminger. of Goldenville, in the County of Guysbrough. the plaintiff 
 above named . maketh oath and say : 
 
 Ist I say that the Deed of land from James Malay to Thomas Malay, conveying 
 two hundred acres of the hnd in dispute in this action, is not in my possession or under 
 my control. 
 
 2nd I say that I never had the said Deed in my possession or under my control, 
 and that since this action, and within a few days of the trial of this ^^^l^^^J^J^^^ 
 diligent enqu.ries for the original of said Deed and have been unable to procure the ^^^ 
 
 •ame. JESSE CJMMINGER. 
 
 Sworn to before me at Guysborough, in the County of 
 Guysborough, this fifth day of October, A D , 1880. 
 EDWARD CARRITT. 
 Commissioner for taking affidavits to hold to bail 
 in the Supreme Court for the County of 
 Guysborough. 
 
 r ' * 
 
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all 
 in 
 of 
 so 
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 S( 
 
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12 
 
 '" *e Cou..y of Gu^^o™„gh =^;- ;-'':j„t„„ .,e ..id Uu„can C..e„„., 
 
 of land on the east bank o the river eastwardlv until it 8trike8 the rear 
 
 south side line following the several -^^^.^f;;;.;^ " courses thereof until 
 
 Une. thence -thw.dly on sa. ^ ^ J ^^^j^^, Malay, iunior. thence on the 
 it strikes the north line of a '«^ °*;''7 % ,, ^/ ^^^ ^^veral courses thereof west- 
 said James Malay, junior's north side lu.e f'^^-^S^^^^^ ^^.^,,,,, .^ence by the 
 
 C^nin,, confining one hundred and thmy acre., more or lese. 
 Consideration, £100. 
 Date, March II, 1862. 
 
 H. W. 
 
 by these presents remise, ^^^^^^^^ ^J ,,.,,t, piece or parcel of land situate, 
 his heirs and ass,,ns foreve , aU ^'f ^^^^"^^j^^^j^, \,,.,„,,, ^f the St. Mary's River 
 lying and being on ^^e ea«t side^ f tb^^ A^^^^^^^^^^^^ ^^^^.^^^.,^ ^„, ,,,,aed 
 
 and Little Lake, so called, in the bounty ai the north by lands of 
 
 towards the west by the aforesaid branch a- aU '^^^^^^^^^^^^ I, ^dam 
 one Duncan Cameron ; towards the ^^^j/ ^^^^^J^^n of said Adam McKeen.and 
 McKeen-s lands ; towards the scMb by ^ -XlXThundred acre,, more or less. 
 of Edward Malay aforesaid, containing in the 
 
 A . V,.ld the same toc^ether with all the privileges and appurten- 3J0 
 
 forever. . v i „ „f 
 
 1 .f T hereunto set my hand and seal this, the sixteenth day ot 
 
 WU> r^aT'rot'L^rr tLui e,... ..u„dr.d and .even.y-hve. 
 
 her , 
 
 fScr'd) ROSE ANN X MALAY. [l.s.J 
 '^'^o ■' mark, 
 
 Signed, sealed and delivered 
 
 in nresencc of 
 
 ^ (Sg'd.) JOHN S. STEWART. 
 
JL u >^ 
 
 
13 
 
 Received on the day of the date of the foregoing quit claim Deed from the 
 herein named Edward Malay, the sum of four hundred dollars lawful money of the 400 
 rovince of Nova Scotia, the same being the consideration mone> .herein mentioned 
 to be paid by him to me, 
 
 her 
 (Sff'd.) ROSE ANN X MALAY. 
 ^ ** ' mark. 
 
 In P^-e^e^^^e j^yjj g STEWART. 
 
 1 
 
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