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Budds of New Jersey mentioned in the Minute Books Of the court of common pleas, Morris County, New Jersey

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Date: 26 Mar 1740 [unknown]
Location: Morris County, New Jerseymap
Surname/tag: Budd
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This research by Janice Rosenthal was sent to Anne Winters in 2010. It may be helpful to those researching the Budds of New Jersey.

BUDD name Mentions in the minute books for the COURT OF COMMON PLEAS OF MORRIS COUNTY, NJ 1740-1778 Extracted by Janice Rosenthal November & December 2008 from FHL Film #961259 (1740-1754) Filmed at Morris County Clerk’s Office, Morristown, 23 May 1974 & FHL Film #961299 (1754-1766) Filmed at Morris County Clerk’s Office, Morristown, 21 May 1974 & FHL Film #961249 (1766-1778) Filmed at Morris County Clerk’s Office, Morristown, 22 May 1974 Janice Rosenthal Extractions typed 5 Aug 2010 from original handwritten notes taken Nov/Dec 2008

JOHN BUDD NOTE: According to Budd Genealogy there were two DIFFERENT John Budds living early in Morris Co., NJ. 26 Mar 1740 Justices present: John Budd, Jacob Ford, Abraham [Ritchel? Kitchel?], John Lindsley Jr., Timothy Tuttle, Samuel Swesey 1 July 1740 Judges Present: John Budd, Gersham Mott, Abraham [Kitchel?], John Lindsley No business; Court adjourned until next day. 16 Sept 1740 “in Morristown” John Budd listed as one of the judges 23 Dec 1740 John Budd, judge 24 Mar 1741 John Budd is one of the judges 7 July 1741 Judges: John Budd, Girsham Mott & John Linsly “Tuesday 22 Desember 1741” One of judges is John Budd; one of justices is Timothy Tuttle [For some reason, between Dec 1741 and Mar 1746 I did not transcribe names of judges/justices. John Budd could well have continued to serve as judge.] 25 Mar 1746 Judges: John Budd, Girshom Mott, John Lindsly Jur., Jacob Ford Roxbury freeholders: John Budd & Nath. Drake [For some reason, between Mar 1746 and Mar 1747 I did not transcribe names of judges/justices. John Budd could well have continued to serve as judge.] John Budd & Nath. Drake were freeholders, Roxbury. John Budd & John Jarrad were Overseers of Poor, Roxbury 24 Mar 1747 John Budd is NOT listed as one of the judges. (Girshom Mott, John Lindsly Jr. & Jacob Ford were judges.) 15 Sept 1747 Judges: John Budd [note John Budd has returned; he was not named as judge since Mar 1746; is this the same John Budd, or his son?] appeal of Justice Budd’s [John?] judgment 22 Mar 1747/1748 John Budd & Nathaniel Drake were Freeholders, Roxbury. 5 July 1748 King v. John Budd & Nathaniel Drake; they offered security for appearance of John [Lidway?]; continued ‘til next term Saml. Woodruff v. John Budd Peter [Kemble?] [appellant?] v. John Budd [appellee?] 4 July 1749 John Budd supplied principal for Nath. Drake’s public house license [no township mentioned]

20 Sept 1749 John Budd member of a jury John Lindsley & Eliz. his wife v. Peter Kothly – land [to which they had gained title in a suit] described as 150 a. in Morris Town, “bounded easterly by land of John Budd Esqr. & partly...Samuel Potter...Widdow [Crammel?]...Benj. Pierson”; lands sold to John Ford for 95 pounds 10 shillings 28 Dec 1749 King v. John Budd [ no further info] 28 Mar 1750 Coonrat New Kerk v. John Budd – 60 pounds debt King v. John Budd – “He pleads not guilty” [no charge stated in these records]; “Mrs. Budd enters herself security for her son.” Which John Budd is this? See July entry where a “Sarah Budd” is [wife?] of “John Budd, dec’d.” Abraham Pierson v. John Budd – Trespass 4 July 1750 Simon Ely v. Sarah Budd [illegible word] [wife?] of John Budd, Dec’d – Case #14.10.0 “Ogden” [rules] NOTE: I think this Sarah is the widow of John Budd, son of Thomas Budd of Burlington, NJ. (Descendants of Thomas Budd of Burlington are NOT part of the Budd genealogy downloaded from www.thisbuddsforyou.com) This John, son of Thomas, is said to have lived “both [sic] in Hunterdon and Morris and Sussex Counties. This John, son of Thomas, wrote his will in 1749, in which he describes himself as “very old”]. This John, with wife Sarah ____, did have a son named John who “went to Charleston, SC before the Rev. War.” This John, with wife Sarah, also had a son who got into a WHOLE lot of trouble: Berne [Bern/Barnabus] who was sentenced to hang (in 1773?), and who at the last minute received a reprieve from Gov. Franklin. See also 18 Sept 1750 where a Sarah Budd is “Exex.[executrix] of John Budd.” 18 Sept 1750 Conradt Newkirk v. John Budd; “on motion of Lagrange it’s ordered by the court that the defendant be committed.” King v. John Budd; jury of 12 called & sworn; Atty Lagrange & Ogden for King; Lyne for prisoner. Witnesses for King: Daniel Wick, Abraham [Person?], John [Posson?], Richard Woods, Joseph Conduit. Witnesses for “Prisoner”: Francis Catterlin, Elizabeath Stillwell, Mrs. Budd, John Scott, Samuel Doty Jury deliberated then came back with “guilty” verdict. Defendant (John Budd) fined 20 shillings. 18 Sept 1750 Simon Ely v. Sarah Budd, Exex. of John Budd; “the Court orders judgment nisi” [My note: per Wikipedia, “a decree nisi is a court order that does not have any force until such time that a particular condition is met, such as a subsequent petition to the court or the passage of a specified period of time”; “from the Latin nisi meaning ‘unless.’”] Possibly the same Sarah who is possibly the mother of the John Budd who seems to be in so much trouble: 25 Dec 1751: “John Scott & Sarah his wife late Sarah Budd v. Ebenezer Muckmore – “Court order Judgmt. Nisi” 26 Dec 1750 Cornelius Low v. John Budd

John Schuyler v. John Budd (100 pound debt) [that’s a LOT] John Budd & Exrs. of Pitney v. David Ogden - Case #12 “Non est” 26 Mar 1751 John Budd & Nathan Cooper appt’d Freeholders, Roxbury John Schuyler v. John Budd – “debt on bail bond 200 pounds”; “Rules in custody” Samuel Walker v. John Budd – 60 pounds debt; “Ogden”; “rules in custody John Budd v. David Ogden Hendrick Lane v. John Budd Cornelius Low v. John Budd – “ordered on motion of LeGrande that the sheriff bring in the Body sitting the court [sic] or be [illegible] five pounds” 2 July 1751 Nath. Smith v. John Budd – debt Cornelius Low v. John Budd – debt Hendrick [Lane?] v. John Budd; “the Like Judgment motion 3 July 1751 Samuel Walter v. John Budd – “the like acknowledgment Motion” [???] 18 Sept 1751 Cornelius Low v. John Budd – “in debt on bail bond” John Schuyler v. John Budd 19 Sept 1751 Hendrich Lane v. John Budd – fined 16 pounds 8 shillings Nathl. Smith v. John Budd – debt on baild bond 25 Dec 1751 John Schuyler v. John Budd Hendrick Lane v. John Budd Cornelius Low v. John Budd 26 Dec 1751 Saml. Walter v. John Budd – “the Sheriff having Returned that he had taken of Goods & Chattels Sufficient to pay Debt & Costs which remain in his hands for want of Buyers on Motion of Mr. Ogden order’d that a [Ven: Exponas?] do [ensue?].” Note: I think this means John Budd cannot pay his debts, so there is going to be a sheriff’s sale of his property to satisfy his creditors. 25 Mar 1752 John Budd v. Elijah Gillett – Case #100 Nathll. Smith v. John Budd – “Def. appears in Court & confesses judgment for debt & cost.” John Budd v. [Barb???Bosch???] & Brice [Rukey?] exec of Jacob [Bosc.???] – debt; “defendants appear in court & confess” 26 Mar 1752 Nath. Smith [assessor?] of John [Keney?] Esqr. v. John Budd – Mr. Ogden orders judgment nisi; “special bail being filed in the [original?] action the Above Judgment by Consent is set aside on the defendant paying costs” [See Daniel Budd on same debt, same plaintiff.] 8 July 1752 Robert Lovington v. John Budd – debt John Budd v. Elijah Gillet – Case #100 Alexander Linn v. John Budd – debt 26 Sept 1752

Alex. Linn v. John Budd – “no plea filed” 27 Sept 1752 John Budd v. Brice Rickey & [Basher? Boscher?] execs of Jacob [Buscherer?] – trespass 28 Sept 1752 Robt. Livingston v. John Budd John Budd v. Elijah Gillett 26 Dec 1752 Robt. Livingston v. John Budd 27 Dec 1752 John Budd v. Elijah Gillett; def. confesses 4 July 1753 Henry Clark v. John Budd – debt John Scott & Sarah his wife & Jno. Budd v. John Ford Esq., sheriff of Morris; surety: [??????] Elizabeth Crossman NOTE: As stated above, I believe Sarah to be the widow of John Budd and mother of John (here “Jno.” Budd). After her husband, John, died, Sarah married John Scott. 18 Sept 1753 Henry Clark v. John Budd 19 Sept 1753 unreadable name] Exec.? John Budd v. John Ford Esq. 25 Dec 1753 Henry Clark v. John Budd 27 Dec 1753 John Budd v. Elijah Gelettt 3 July 1754 Henry Clark v. John Ford Esq. surety re. “ESCAPE OF JOHN BUDD” 24 Dec 1754 Nathan Smith v. John Budd – “the sheriff returned No hil ????” 2 July 1755 Joseph Ogden v. JOHN BUDD; “on attachment”; “the sherif having returned that he had in the Presence of Benjamin Manning and Nathl. Drake [attached?] the Defendant by one tract of Land in the Possession of DANIEL BUDD lying and being in Roxbury containing 125 acres whereon the said Daniel Budd now lives also one bed and furniture in the hands of said Daniel and also a Debt Due by bond from Isaac Jones to said JOHN BUDD for 35 pounds besides the Interest being all the Lands [unknown word] real Estate good Chattles rights and Credits of the said John Budd in his Bailowick. The Defendt. Being three times called made Default on motion of David Ogden atty for the plaintiff the Defendts first Default is Entered against him whereupon on the like motion the Court appoints Mathew Lum Daniel Lindsley and Ebenezer Byram auditors to adjust the Plaintiffs Demands and also the Demands of the Defendants other Creditors and to make their report to the Court pursuant ot the late act of Assembly.....” 17 Dec 1755 Joseph Ogden v. John Budd – “defendant being called 3 times & not appearing...”; auditors’ report not received; “continued till next term” 10 Feb 1756 Joseph Ogden v. John Budd – “Deft. Over 3 Times called & not appearing ordered that his 3rd Default be marked agt him and the auditors in this case having made there report...find the

Deft indebted to the plaintiff in the sum of 276 pounds, 11 shillings....The deft had title to 69 acres of Land to be taken in any part [and] appropriated in East Jersey and also the equity of redemption of tracts [4?] tracts of land conveyed to John Ford from the same [2 unknown words] therein mention & that the Deft goods chattels & effects to the vallue of Twelve pounds attached and in the hands of Daniel Budd...ordered that said reports be filed...and judgment thereon against the Deft...also ordered saile of sd goods & Chattles of said John Budd to be applied to satisfie in part said Debt due to said plaintiff.” 21 Dec 1756 Joseph Ogden v. John Budd – “18 months being past since Lands goods and Chattles attached in the Cause...ordered by Lindsle and Ebenezer Byram...or any 2 of them [make?] Sale...of said Lands goods and Chattels...belonging to the Defendant...to Satisfie Said Plaintiff.” ? Mar 1763 John Budd v. Moses Tuttle & Isaac Winchel 7 July 1763 John Budd v. Tuttle & Winchell – discharged 21 Dec 1763 John Budd v. Benjamin Coe – trespass 24 Sept 1765 Jonathan Hampton v. John Budd – all the lands, chattels, etc. were attached by sheriff; def. called 3 times but defaulted; 3 auditors appointed by Court to pay off plaintiff & other creditors JANICE’S NOTE: This John Budd is not again found in these records court records (unless he is the John of the Dec 1771 record below?) I think John Budd fled the area. I suspect this John Budd has been “overlooked” in the extensive and impressively documented Budd genealogy that exists. I believe descendants of, or close relations of, this John Budd could be one of the Budds who settled very early in Rostraver, Westmoreland Co., PA (where John Corwin is found by 1790) OR he might be the John Budd who, per the 1881 genealogy, is said to have gone to Charleston “before the Rev. War.” Dec Term [no date] 1771 Thomas Budd v. Jasper Smith – [charge is unclear]; went to jury trial Some witnesses for plaintiff: Wm. D. Hart, John Budd, Bern Budd; jury ret’d: “plaintiff [that would be Thomas Budd] being called did not appear “but made default” whereupon def’s atty. moved for forfeiture; jury again called to rule but this time only 11 of the 12 jurors appears, so the jury was discharged! NOTE: This entry suggests a close relationship between a John Budd and Bern Budd. The 1881 genealogy shows that John Budd (who died in 1749) had sons John, Thomas, William and “Berne.” So I suspect that the Thomas, John and Bern of the above record are brothers. However, the 1881 genealogy states that John and Thomas “went the Charleston, SC, before the Rev. War”; William “went back to England”; and says not much of Berne [born abt. 1738, per muster roll] other than he “married and his children were John, William, David and Sarah.” March Term 1774 (15 Mar) Bern Budd “in Behalf of John Budd” v. Danl. Callighan – debt, 3 pounds Sept Term 1774 Daniel Calliker v. John Budd – appeal; debt, 3 pounds Nathl Drake v. Silas Drake – went to jury trial; atty for def: JOHN BUDD SCOTT; jury found for pltf, 23 pounds NOTE: Who is John Budd Scott?

DANIEL BUDD 25 Mar 1746 Daniel Budd appt’d Collector, Roxbury. 22 Mar 1747/1748 Daniel Budd & Wm. Larrison appt’d Overseers of Poor [township?] 28 Mar 1749 Daniel Budd & Wm. [Laurenson? Larrison?] Freeholders, Roxbury 25 Dec 1751 Nathl. Smith v. Daniel Budd – debt on bail bond [Note John Budd on same date above.] 26 Mar 1752 Nath. Smith [assessor?] of John [Keney?] Esqr. v. Daniel Budd – Mr. Ogden orders judgment nisi; “special bail being filed in the [original?] action the Above Judgment by Consent is set aside on the defendant paying costs” [See John Budd, same plaintiff, same date.] 1 July 1755 Nathaniel Drake petitions for public house license (no twp. mentioned); Ichabod Case & Daniel Budd, sureties 2 July 1755 Joseph Ogden v. John Budd; “on attachment”; “the sherif having returned that he had in the Presence of Benjamin Manning and Nathl. Drake [attached?] the Defendant by one tract of Land in the Possession of Daniel Budd lying and being in Roxbury containing 125 acres whereon the said Daniel Budd now lives also one bed and furniture in the hands of said Daniel and also a Debt Due by bond from Isaac Jones to said John Budd for 35 pounds besides the Interest being all the Lands [unknown word] real Estate good Chattles rights and Credits of the said John Budd in his Bailowick. The Defendt. Being three times called made Default on motion of David Ogden atty for the plaintiff the Defendts first Default is Entered against him whereupon on the like motion the Court appoints Mathew Lum Daniel Lindsley and Ebenezer Byram auditors to adjust the Plaintiffs Demands and also the Demands of the Defendants other Creditors and to make their report to the Court pursuant to the late act of Assembly.....” 10 Feb 1756 Joseph Ogden v. John Budd – “Deft. Over 3 Times called & not appearing ordered that his 3rd Default be marked agt him and the auditors in this case having made there report...find the Deft indebted to the plaintiff in the sum of 276 pounds, 11 shillings....The deft had title to 69 acres of Land to be taken in any part [and] appropriated in East Jersey and also the equity of redemption of tracts [4?] tracts of land conveyed to John Ford from the same [2 unknown words] therein mention & that the Deft goods chattels & effects to the vallue of Twelve pounds attached and in the hands of Daniel Budd...ordered that said reports be filed...and judgment thereon against the Deft...also ordered saile of sd goods & Chattles of said John Budd to be applied to satisfie in part said Debt due to said plaintiff.” 9 Mar 1757 Daniel Budd v. Daniel Cooper – appeal; Cooper ordered to pay Budd 31 pounds, 12 shillings 11 Mar 1761 King v. Daniel Budd – def. appears; cont. to next court 11 Mar 1766

Daniel Budd, Freeholder of Roxbury 1 July 1766 King v. Jacob Doty & Daniel Budd March Term [no date] 1767 Daniel Budd appt’d Overseer of Poor, Roxbury Dec Term [no date] 1767 Daniel Budd was member of a jury March Term [no date] 1768 Daniel Budd appt’d Collector for Roxbury Sept Term [27 Sept] 1767 [Danl?] Budd gives evidence for plaintiff, Nathan Drake, in Drake v. Robert Culver Dec Term [no date] 1769 Cornelius Wyckoff v. Daniel Budd – debt Sept Term 1771 [Tristam?] Hull petitions for public house license; Silas Drake & Daniel Budd, sureties September Term 1771 (Sept 24) Daniel Budd served on a jury. Daniel Budd testified in a debt case Sept Term 1772 (22 Sept) Trustum Hull petitions for public house license; Constant King & Daniel Budd, sureties Jury members on a case: Daniel Budd, Benoni Hathaway July Term 1773 King v. John [Ely? Edy?] & Daniel Budd, surety Daniel BUDD v. Jonn. Dickerson – sheriff has levied def’s goods; [20?] pounds September Term 1773 Daniel BUDD v. Jonn. Dickerkson – debt

WILLIAM BUDD 16 Sept 1755 Willm Budd v Soloman Brant (appeal – debt 10 Feb 1756 James [Marshel?] v. William Budd Solomon [Brant?] v. Willm. Budd – appeal; referees of court “find no cause of action against appellee 24 Sept 1765 Daniel Wick v. William Budd – sheriff has attached 300 acres of land in place known as “Middle Meadow”; def. has been called 3 times and has defaulted; auditors appointed, etc. 1 July 1766 Daniel Wick v. William Budd – def. called 3 times and is in default Dec Tern [no date] 1766 Daniel Wick v. William Budd – “def. 3 times called”; in default; it is ordered that “the auditors make sale and distribution” Dec Term [no date] 1771 Thomas Budd v. Jasper Smith – [charge is unclear]; went to jury trial Some witnesses for plaintiff: Wm. D. Hart, John Budd, Bern Budd; jury ret’d: “plaintiff [that would be Thomas Budd] being called did not appear “but made default” whereupon def’s atty. moved for forfeiture; jury again called to rule but this time only 11 of the 12 jurors appears, so the jury was discharged! NOTE: This entry suggests a close relationship between a John Budd and Bern Budd. The 1881 genealogy shows that John Budd (who died in 1749) had sons John, Thomas, William and “Berne.” So I suspect that the Thomas, John and Bern of the above record are brothers. The 1881 genealogy states that John and Thomas “went to Charleston, SC, before the Rev. War”; William “went back to England”; and says not much of Berne [born abt. 1738, per muster roll] other than he “married and his children were John, William, David and Sarah.” March Term [no date] 1772 Daniel Wick v. Wm. Budd – def. “3 times called” and did not appear July Term 1772 (7 July) Lewis Stuard v. Wm. Budd Dec Term [no date] 1772 Danll Wick v. Wilm. Budd – auditors reported Budd indebted for 21 pounds Sept Term 1775 William Budd v. Excrs John O’Hara – discont’d

BARNABUS / BARNE / BERN / BERNE BUDD (They are the same man 1) 21 Dec 1763 Francis Baird v. Barne [sic] Budd Thomas Bates v. Bern. Budd – def. personally appears; confessed debt of 20 pounds 13 Mar 1764 John Tuttle v. Bern Budd – debt Francis Baird v. Barn Budd – “orders judgment for want of a plea” James Collwell [Junr.?] v. Bern Budd - sheriff seized 7 pounds, 7 shillings worth of Budd’s goods 3 July 1764 Francis Baird v. Bern. Budd 4 July 1764 [Various names] v. Bern Budd & John Sargeant – debt, 160 pounds John Tuttle v. Bern Budd – debt Joshua Pettit v. Bern Budd Nath. [Hubleberg?] v. Bern Budd – went to trial; Jury found for plaintiff – Bern Budd liable 16 pounds Sherman Bates v. Berne Budd 19 Dec 1764 Abner [Netfield?] & John Blanchard v. Barnabus Budd 13Mar 1765 Henry [Sees?] v. Barn Budd – def. appears, confesses; 12 pounds & damages John [???y] v. Bern Budd – def. appears & confesses debt of 45 pounds Joseph King v. Bern Budd – def. appears & confesses debt of 50 pounds Francis Ford v. Jacob Ford Junr. [Levi?] – “escape of Bern Budd” 3 July 1765 Several debt cases involving Bern Budd as def. – “Comm. [commitment in jail] ordered” Francis Bird v. Jacob Ford Esq. – “[illegible words—probably ‘for the escape’] of Bern Budd”; “20 day past...no plea...Court orders judgment” Andrew Thomas v. Berni [sic] Budd March Term [no date] 1767 Lemuel Bowers v. Bern. Budd – debt; over 20 days & no plea filed Bern Budd v. Caleb Warden – debt, 80 pounds July Term [no date] 1767 Bern Budd v. Hannah Vanderhoof – debt Sept Term [no date—prob 22 Sept] 1767 Lemuel Bowers v. Daniel Cooper Esq. – “in the escape of Bern. Budd” Bern Budd v. Hannah Vanderhoof – sheriff reports: goods & chattels of def. not in his baliwick; sheriff has seized goods worth 50 pounds Dec Term [no date] 1767 1 In the index for Barbara Hoskins’ Men from Morris County, New Jersey who served in the American Revolution (1979), is this entry: “BUDD Barnabus (Berne). In provincial papers concerning the conviction of the Morris County counterfeiters, one is referred to as “Dr. Barnabus Budd.” Note in the Common Pleas records here that in 1764 one entry records the name as Barnabus. Note also that the March 1771 minutes list “apothecary drugs” as part of the property of “Bern” Budd that had been impounded by the sheriff.

Bern Budd v. Hannah Vanderhoof July Term [no date] 1768 Daniel Cooper Jr. v. Bern Budd March Term [no date] 1769 Bern Budd v. Caleb Worden Dec Term [no date] 1769 Wm. Brownjohn v. Bern Budd – debt Thos. Brownjohn v. Bern Budd Bern Budd v. Fred King Jeremiah Mulford v. Bern Budd John & [???] Ogden v. Bern Budd – “bail of Lewis Stewart” March Term [no date] 1770 Bern Budd v. Jeremiah Mulford Jeremiah [Mul?]ford Junr. v. Bern Budd – debt July Term [no date] 1770 Jeremiah Mulford Jr. v. Bern Budd – def. acknowledges debt 20 pounds Wm. Baird v. Bern Budd – no plea yet filed Bern Budd v. Jaspar Smith – debt, 400 pounds Wm. Brownjohn v. Bern Budd Sept Term [no date] 1770 Bern Budd v. Jasper Smith – debt, 400 pounds [note Thos. Budd v. Smith, same date] Jeremiah Mulford Jr. v. Bern Budd – [can’t read] Dec Term 1770 [Seth?] Crowel v. Bern Budd – appeal; orig decision upheld Wm. Baird v. Bern Budd – sheriff reports he has tken goods valued at “5 shillings” March Term [no date] 1771 Nathan Price v. Bern Budd – sheriff levied various itemized goods: 2 cows, 2 horses, bed & begging, “cubbard,” 5 tables, 1 desk, 3 brass kettles, 3 iron pots, 6 pewter plates, 1 Negro wench, “sundry apothecary drugs in his shop” ....”; none sold for “want of buyers Note: Bern/Barnabus Budd was a doctor, so he would have “apothecary drugs.” July Term 1771 (2 July) Jona.?] J. Dayton v. Bern Budd – damages set at 12 pounds Patrick Doland v. Bern Budd Timothy Day v. Bern Budd – rehearing of this old case Wm. Pierson v. Bern Budd & Henry Howell – no plea filed; 4 pounds damages awarded to plaintiff; “prosecution of Bern Budd, one of the above Defendants, in Two Months from this Date” September Term 1771 (Sept 24) Jonathan Dayton v. Bern Budd – sheriff has 5 pounds’ worth of def.’s goods in his hands Patrick Doland v. Bern Budd – no plea yet William Parsons v. Bern Budd & Henry Howell – no plea filed; 17 pounds awarded to plaintiff Dec Term [no date] 1771 Thomas Budd v. Jasper Smith – [charge is unclear]; went to jury trial Some witnesses for plaintiff: Wm. D. Hart, John Budd, Bern Budd; jury ret’d: “plaintiff [that would be Thomas Budd] being called did not appear “but made default” whereupon def’s atty.

moved for forfeiture; jury again called to rule but this time only 11 of the 12 jurors appears, so the jury was discharged! NOTE: This entry suggests a close relationship between a John Budd and Bern Budd. The 1881 genealogy shows that John Budd (who died in 1749) had sons John, Thomas, William and “Berne.” So I suspect that the Thomas, John and Bern of the above record are brothers. However, the 1881 genealogy states that John and Thomas “went the Charleston, SC, before the Rev. War”; William “went back to England”; and says not much of Berne [born abt. 1738, per muster roll] other than he “married and his children were John, William, David and Sarah.” Wm. Parsons v. Bern Budd – sheriff ordered to set value on damages March Term [no date] 1772, Bern Budd v. Jasper Smith – debt NOTE: Despite Bern Budd’s involvement in the above litigation, he seem to have retained some amount of good standing, as the next records show. Not only has he been appointed to important township offices, it seems that though an order was given by the Court to sell some of his possessions, to satisfy debts, the sheriff did not comply! March Term [no date] 1772 Bern Budd appt’d “Moderator” and Overseer of the Poor, Hanover. William Parson v. John Stiles high sheriff – “for not selling B. Budd’s goods” [In Sept 1771 William Parsons won his debt case against Bern Budd; Parsons was awarded 17 pounds. To satisfy the debt, some of Budd’s property was to be sold by the sheriff. When this was not done, William Parson sued the sheriff, as was his right under the law.] July Term 1772 (7 July) Cornelia Blau v. Bern Budd – defendant appears & confesses 10 pounds debt Bern Budd v. Jasper Smyth – debt [nothing further] NOTE: This is an old debt case, for a significant amount: 400 pounds. See July 1770. Patrick Doland v. Bern Budd Sept Term 1772 (22 Sept) Henry Howell petitions for public house license; Silas Howell & Bern Budd, sureties Patrick Doland v. Bern Budd – sheriff hasn’t confined defendant for past 2 months, so—per law—the sheriff [John Stiles] is now liable for the defendant’s debt Patrick Doland v. Jon. Stiles - “for escape of Bern Budd” – debt Mary Moore v. Jon. Stiles - “for escape of John Scott” – debt NOTE: The “escape of John Scott” notation is included here because I believe that Bern’s mother married John Scott after her first husband, John Budd, died in 1749. In the 1749 will of this John Budd he names wife Sarah and sons “Barne and Thomas.” And the 25 Dec 1751 Court minutes refer to “John Scott & Sarah his wife late Sarah Budd.” Dec Term [no date] 1772 Bern Budd v. Jos. [Jas.? Jasper?] Smith – debt Jury called for Budd v. Smith case above; jury’s verdict is for def.; debt, 60 pounds Mary Moore v. Jon. Stiles [sheriff] – “for not confining John Scott” – no plea yet filed Patrick Doland v. Jon. Stiles [sheriff] – “for not confining Bern Budd” – no plea yet filed Wm. Carson v. Jon. Style [sheriff] – “for not selling the goods of Bern Budd”; no plea yet filed Joseph [definitely not “Jasper”] Smith v. Bern Budd – “ordered that the def. appear.” What is next written is very odd: “[I?] appear for the deft.” Nothing further. Who is “I”? The clerk of this court? Bern Budd v. Jasper Smyth – cap. case; debt, 97 pounds

Job Peck v. Bern Budd – debt, 40 pounds March Term 1773 (16 March) Job [Pack? Peck?] v. Bern Budd- court orders 22 pound damages Cornelia Blau v. Bern Budd Sept Term 1773 Peter Mackie v. Bern Budd; debt, 25 pounds NOTE: Try to determine whether “Mackie” might be “Mackle.” (One Gideon Mackle was a known counterfeiters in southwestern PA at an early day. See J.V. Thompson Journals.) Thomas Brownjohn v. Bern Budd & John Wheeler; court orders judgment [No further info] Dec Term 1773 Bern Budd gave evidence for plaintiff in [Danl.?] Brown v. Danl. Wick March Term 1774 (15 Mar) Bern Budd “in Behalf of John Budd” v. Danl. Callighan – debt, 3 pounds Eliz. Vandyke v. Bern Budd – no plea yet filed; judgment ordered, 20 pounds John Rogers v. Bern Budd – same as above, 16 pounds Joseph Riggs v. Bern Budd – debt [no amount given] Samuel Parrot v. Bern Budd [no notes whatsoever in the minutes] Peter Mackie v. Bern Budd – sheriff [not named] neglected to confine def.; Court now orders defendant to be committed Bern Budd v. Saml. [CARNS?-not sure] - debt, 100 pounds Daniel Brown, assignee of Benj. Williams v. Bern Budd – debt, 32 pounds Sept Term 1774 John Durgan v. Bern Budd – no plea yet filed Dec Term 1774 John Rogers v. Bern Budd – “Thomas Kinney, Esq., sheriff [a new sheriff!], did not seize any of Budd’s goods” so Court orders that Kinney now be responsible for value of Budd’s debt. Elizabeth Vandyke v. Bern Budd March Term 1775 James Burnet v. Bern Budd & Joseph Morris – debt, 19 pounds

THOMAS BUDD March Term [no date] 1770 Thomas Budd v. [Jasper?] Smith July Term [no date] 1770 Thomas Budd v. Jasper Smith Sept Term [no date] 1770 Thos. Budd v. Jasper Smith [note Bern Budd also v. Jasper Smith, same date] Dec Tern [no date] 1770 King v. Thomas Budd, Ebenezer Tuttle et al – indicted for horse racing July Term [no date] 1771 Jasper Smith v. Thomas Budd – Court ordered previous judgment set aside; case re-opened In a debt case that went to jury Dec Term [no date] 1771 Thomas Budd v. Jasper Smith – [charge is unclear]; went to jury trial Some witnesses for plaintiff: Wm. D. Hart, John Budd, Bern Budd; jury ret’d: “plaintiff [that would be Thomas Budd] being called did not appear “but made default” whereupon def’s atty. moved for forfeiture; jury again called to rule but this time only 11 of the 12 jurors appears, so the jury was discharged! NOTE: This entry suggests a close relationship between a John Budd and Bern Budd. The 1881 genealogy shows that John Budd (who died in 1749) had sons John, Thomas, William and “Berne.” So I suspect that the Thomas, John and Bern of the above record are brothers. However, the 1881 genealogy states that John and Thomas “went the Charleston, SC, before the Rev. War”; William “went back to England”; and says not much of Berne [born abt. 1738, per muster roll] other than he “married and his children were John, William, David and Sarah.” Dec Term 1773 Willm. DeHart v. Thoms. Budd – def. 3 times called & did not appear; auditors to make report next term Mar Term 1774 Wm. DeHart v. Thomas Budd – def. called 3 times but did not appear John [Ratoone?] v. Thomas Budd – ordered that Ratoone be submitted as creditor Wm. Graham v. Thomas Budd – ordered that plaintiff be submitted as creditor Saml. [Hainds?] v. Thomas Budd - “ “ “ “ Wm. Stewart v. Thomas Budd – ordered that plaintiff be submitted as creditor July Term 1774 Wm. DeHart v. Thomas Budd – auditors need until next term to make report Sept Term 1774 Wm. Hart v. Thos Budd – auditors have until 1st day of next term to make report Dec Term 1774 Wm. DeHart v. Thomas Budd – auditors find 29 pounds due to plaintiff; def also owes John [Cooperwaith?], assignee of Ralph & Jasper [Smith?], 33 pounds; Budd also owes Samuel Hains 22 pounds; Budd also owes Thomas Kinney 38 pounds. [Other smaller debts continue to be listed.) Auditors are ordered to “Sale and Distribute” [Thomas Budd’s property]. Sept Term 1775

William D. Hart v. Thomas Budd – auditors reported last term that def. owes Mgt. Stevenson 116 pounds. Note: DeHart must be Stevenson’s atty. NOTE: www.rootsweb.ancestry.com/~njmorris/newspapers/news1775.htm In the 13 Apr 1775 issue of The New York Journal is a notice that as a result of the suit of William D. Hart, “all the lands belonging to the said [Dr.] Thomas Budd” are to be “sold at vendue on Monday the 15th of May next.” These lands were situated “in Hanover, in the county of Morris.”

ELIJAH BUDD 29 Mar 1749 King v. Elijah Budd – assault on Willm. Castorline; pleads not guilty, but throws himself on mercy of Court; fined ten shillings; committed until paid. NOTE: This could be the Elijah who m. Ursula Sine, per “Descendants of John Budd-Rev. 2008” pdf. This Elijah was the son of John (1696-c.1757) & Mary (Streing) Budd. This John b. 1696 moved from Rye to Roxbury, Morris Co., NJ abt. 1745 (when he sold his estate on Budd’s Neck in Rye). No birth date or other info given. This pdf shows he had an older bro, Daniel, b. 1722; and younger bros Joseph (no birth date), John (b. 1730), Underhill (no birth date) and Gilbert (b. abt. 1720—surgeon in British Navy during Rev. War). He had sisters: Hannah (m. Hachaliah Purdy), Mary (m. 1st Gilbert Theat & 2nd Caleb Horton), Sarah (m. Thomas Sawyer) & Abigail (no info). 26 Dec 1750 William Smith v. Elijah Budd – Case #30 26 Mar 1751 Nath. Brewsler v. Elijah Budd – [30?] pounds debt; [“Agreed”?] MOSES BUDD? 15 Sept 1747 Peter Kimball v. Moses Budd NOTE: I’ve not ever seen a Moses Budd in any Budd genealogy. No Moses Budd found on any ancestry.com trees. Did I mis-transcribe? BENJAMIN BUDD? March Term [no date] 1769 Moses Tuttle v. Benjn Budd NOTE: The “Descendants of John Budd-Rev. 2008” pdf shows a Benjamin b. 1720-1730, son of John who m. Hannah Conkling. This Benjamin m. Mary Moore. This Benjamin’s bro, William, was “one of the pioneer settlers of western PA.” What other Benjamins living this early are there? NOAH BUDD? 3 July 1753 William [Axtell?] v. Noah Budd NOTE: Noah is not mentioned in any Budd genealogies, to my knowledge. Nor is he shown on any ancestry.com trees. Did I mis-transcribe? ICHABOD BUDD? March Term [no date] 1772 Ichabod Budd gave evidence for plaintiff in debt case Thos. Faircloth v. Nathan Cooper

NOTE: No Ichabod Budd is listed in Budd genealogies, no my knowledge.No Ichabod Budd is shown in any ancestry.com trees, either. This could be a transcription error on my part; perhaps the name should be Ichabod COOPER. (I know a man of that name was living in Morris County.) ROBERT BUDD? July Term [no date] 1774 James Smith v. Patrick Darcey; evidence for def. given by John Cob [Cobb] & Robert Budd NOTE: No Robert Budd is known to have existed. I wonder if this is a mis-transcription on my part.





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