Simon's Family History


Dr. John Stites - New Jersey Chancery Court

Notice of Ejectment - 1799

Supreme Court of New Jersey 

Of the term of May in the year of our Lord one thousand seven hundred and ninety nine 

Essex County ss. John Den complains of Richard Fen in the Custody of the Sheriff of the County aforesaid for this (to wit) THAT WHERAS Gozen Ryerss the second Day of May in the year of our Lord one thousand seven hundred and ninety nine at Elizabeth town in the County aforesaid had demised, sett, and to farm lett, to the aforesaid John Den one Messuage, one Tenement, one Barn, one Orchard, one Garden two hundred Acres of arable Land two hundred Acres of pasture Land two hundred Acres of meadow Land, and two hundred Acres of wood Land with their Appurtenances, situate, lying and being in the Township of Elizabeth town in the County aforesaid, now or late in the possession of John Stites

To have and to hold the Tenements aforesaid with the Appurtenances, unto the said John Den and his assigns from the first Day of May aforesaid then last past for during and until the full End and Term of fourteen Years, and fully to be completed and ended by virtue of which Demise the said John Den entered into the Tenements aforesaid, with the Appurtenances and was thereof possessed until the said Richard Fen on the second Day of the same Month of May with Force and Arms, &c. entered on te Tenements aforesaid with the Appurtenances in and upon the Possession of the said John Den, and ejected, drove out and amoved the said John Den from the said Farm, his said Term not being yet ended, and kept out and still keeps out the said John Den, so ejected, drove out and amoved from his said possession, and then and there did other Injuries to the said John Den against the Peace of this State and to the Damage of the said John den five hundred pounds and therefore he brings this suit, &c. 

For the Plaintiff, 
John Doe, Richard Roe } Pledges, &c.

Essex County ss. John Denn  puts in his place Matthias Williamson Jun. his attorney against Richard Fen in a pleas of trespass and ejectment &c. 

I am informed you are in possession or claim Title to the Premises in the above Declaration of Ejectment mentioned or to some Part thereof and I being sued as a casual Ejector, and having no Claim or Title thereto, do advise you to appear at Trenton, on the first Tuesday in September next in the Supreme Court of New-Jersey then and there to be held and by some Attorney of the same Court cause yourself to be made Defendant in my stead, otherwise I shall suffer Judgment to be entered against me by default, and you will be turned out of Possession.

I am your Friend  
Richard Fen

To Mr. John Stites
tenant in Possession of the Premises in this Declaration mentioned or of some Part thereof,

Recorded in the Clerks Office of the Supreme Court in Book A of Judgments folio 40.L
J..Rea? Clk

The aforesaid document was a printed form, I have typed the hand written fill-ins in italics.

The use of fictitious John Den & Richard Fen was common legal procedure to enable the recording of a land transfer in a Court of Law. English Feet of Fines used a similar process.  

This Declaration of Ejectment may well refer to same property in the Chancery case brought by John Stites against Gozen Ryers. No doubt obtained by Gozen Ryers on the basis of a claimed mortgage default, and to give him the legal ability to sell the property from under John Stites.

Acknowledgments to the New Jersey State Archives :-
Supreme Court - Ryers v. Stites, case file # 33235



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