Page:The-new-brunswick-magazine-v3-n3-sep-1899.djvu/33

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WHERE IS RED HEAD?
135

"A Tract of Land situate, lying and being, on the eastern side of St. John's River in the Province aforesaid, beginning at a Red Head in a little bay or cove to the eastward of the Har bour at the mouth of St. John's River aforesaid, described in a former grant of 2,000 acres granted to the said James Simonds in the year 1765, being the south eastern boundary of the said Grant."

Here Red Head is identified with the Red Head of the former grant. Donaldson and Ansley claimed that Red Head on the eastern shore of Courtenay Bay cannot possibly be deemed "a Red Head in a little bay or cove." while the elevation at York Point fulfils that description. Their opponents urged in reply that by the literal wording of the grant, Red Head must be looked for "to the eastward of the harbor at the mouth of St. John river," not in the harbor itself, as at York Point. They further contended that when the memorial for the second grant was presented to the authorities at Halifax it was understood that Red Head on the east side of Courtenay Bay formed the south east bound of the first grant and therefore it was merely necessary in the second grant to identify the Red Head mentioned in it with the Red Head of the first grant. Evidently the phraseology of the second grant, like that of the first, was not very accurate. It speaks of "a former grant of 2,000 acres granted to James Simonds in the year 1765," when in point of fact the grant was made to three individuals James Simond, James White and Richard Simonds.

In the plan that accompanies this paper the bounds of the first and second grants, as understood by Donaldson and Ansley, are indicated by small dotted lines and the bounds claimed by Hazen, Simonds and White[1] by plain black lines. It may readily be believed that the heirs of the latter gentlemen were not inclined to


  1. The coarse dotted lines show the bounds claimed by James Simonds in the controversy of 1792.