t at the
County Court, in 1685, against Steven Fish for nine pounds ten
shillings due for rent. Procter was nonsuited. Fish at the same time
sued Procter for non delivery of land hired of him by lease March 1st,
1681, (1681-2). The jury found for a delivery of the land according to
the lease.
In 1689 John Procter "for my love and parental affection unto my
beloved wife Elizabeth Procter and all her children" conveys to
certain trustees for their benefit "all my estate for their supply and
maintenance and make over and give to them my house and land lying in
Salem bounds containing fifteen acres, more or less, bounded with ye
land of Anthony Needham northwest and east southerly[D] and south and
west with ye common road or highway in part and partly alsoe with land
of John Marsh and some land of Thomas Gardner Sen. that comes within
the highway." The last words in this description are puzzling and
perhaps indicate that the road at the westerly end of the lot ran
further to the south than it does to-day.
[Footnote D: This probably refers to the way which Needham had to his
land over the western end of the lot lying next east of the Procter
lot.]
The next information is obtained from a deposition by Anthony Needham,
Thomas Gould and Isaac Needham, in 1730, taken "in perpetuam rei
memoriam" and recorded in the Registry, Book 54, Leaf 246, as
follows:--They testify that "they very well knew that Mr. John Procter
late of Salem, deceased, possessed in his own right for several years
before and untill ninety two[E] a certain tract of land situate in
Salem aforesaid containing about 15 acres, butting easterly on land
now in ye possession of Jonathan Flint, southerly and southwesterly on
the highway leading to Joseph Popes,[F] northwesterly and northerly on
land of the deponent Thomas Gould and northeasterly on land of Thomas
Needham. That the said John Procter had a house upon the abovesaid
land which he leased to one Stephen Fish[G] since let to one Lincoln
and to one Bates, who improved it under and in right of the said John
Procter. That Benjamin Procter son of the said John Procter possessed
and improved ye above described parcel of land from the year 1692
untill his decease which happened about fourteen years since. That
Mary the widow of said Benjamin Procter and her son John Procter have
possessed and improved the same right from the time of his decease
untill this day." The deposition is dated Jan. 7, 1730. The nam
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