Page:1898 NB Magazine.djvu/379

"The whole cause on the part of the Plaintiff is founded upon one of the boldest attempts that ever was made to annihilate and destroy ancient and notorious boundaries of property, granted and possessed agreeable to those bounds near thirty years, and this attempt made by one grantee to the prejudice of the others and confusion and prejudice of all his neighbours bounded thereon. I shall without further preface call witnesses to prove that Red Head is the boundary of the grant: that it has been known by that name and no other for many years before the grant and ever since: that it has been constantly regarded as the bounds, and that Mr. Simonds till this ejectment has always claimed it as his bounds,"

Jonathan Leavitt says: That his age is 45 years; his occupation a mariner and his usual residence St. John, where he has resided since his removal from New Hampshire in 1764. He has known James Simonds, William Hazen and James White ever since the year 1764. Has known a place called Red Head, about half way between the south east point of the City of St. John and Point Mispec, since the year 1764; it has always been known by the name of Red Head. The same Red Head has always been considered the boundary of lands granted Simonds, Hazen and White and they frequently in conversation spoke of said Red Head as the boundary of their lands and discussed the practicability of draining the Red Head marsh. He [Leavitt] has understood and believes the lands lying upon the Cove or Bay, northward of the said Red Head, have been in the possession of Simonds, Hazen and White, or some of them, since the date of their first grant. From about a year after he came into the country until the arrival of the Loyalists, he always understood and believed that the Great Marsh was included in one or other of the grants to the partners.