When Genealogy Worlds Collide

Sometime last winter someone sent me this story. Several interesting things about the story involved the people:  Henry Franklin alias Harry Long and Mary Curtis. Henry Franklin/Long has causes a lot of problems in that he was a Long who changed his name to Franklin, causing all sorts of problems when DNA found that his descendants only matched Longs. Click here for more information on him.

The other issue is Mary Curtis, my husband's ancestress who was 11 years old! (Dave's 6 g-grandmother on the Fry side)

The court case is on page 8.4 Spotsylvania Co. March 1737/38

Spotsylvania County Court March 1737/8In the action of Trespass between Mary Curtis, an infant by Rice Curtis, Jr., Gent., her next friend, against Henry Franklyn alias Harry Long Deft. for 10 pounds sterling damage, issue being joyned and a jury sworn by name Edward Herndon, Jr and who having heard the evidences and arguments on behalf of each party retired and after some time returned the following verdict.  We find the day and yr aforesaid at the parish and county aforesaid the sd deft did ride ye gelding aforesaid and that he then and there knew him to be the Plts (plantiffs) and borrowed him of one John King to ride as aforesaid.  And if the law be for the Plt. we find for him 15 shillings current money damage; other wise we find for the deft.(defendant) Edward Herndon, Jr. foreman, which verdict is admitted to record and the matter of law arising therefrom is referred to the next court for argument.
Rice Curtis, Jr, Gent. (House of Burgess) came into court and accepted of the commissions of the peach and took the oaths and signed the Test and as the law directs which oaths were administered to him by John Taliaferro and Henry Goodloe Gentlemen.

Spotsylvania County Court 6th of December 1737In the action of trespass between Mary Curtis, an infant by Rice Curtis, Jr, Gent, her next friend, Plt agst. (against) Henry Franklin Alias Harry Long, Deft for 10 pounds sterling damage at the motion of the deft an imparlance is granted him.

As far as we know Henry Franklin was the only Henry Franklin in Spotsylvania in 1737.  We have records which track him in Orange and Amherst and he uses Henry Franklin, Sr. in Amherst Co., VA on March 4, 1771 as a witness.  

So, my relative stole the horse of an 11 year old neighbor who is my husband's ancestor.  Who said genealogy is dry and boring?

Thanks to Sherry Cruise and Leigh Taylor for helping me with this story.