Volume 65, Preface 30 View pdf image (33K) |
Introduction. land matters are entered here because a separate record for land did not begin to be kept until 1679. Although land transfers were often recorded, it was not imperative that they be, and many were noted only by an assignment on the backside of the original indenture. Of the land cases on the docket, most were ejectment to try title, or trespass and ejectment. Richard Rawlins brought an action of ejectment against Robert Parnepley. Parnepley had entered onto a piece of land which Rawlins had leased from Henry Peirpont, had cut down timber, and had ejected Rawlins from the land. Hubbert Lambert, the tenant in possession, was notified that unless he or the person from whom he claimed appeared and made themselves defendants in Rawlins's suit, confessed the lease, entry and ejectment and insisted only on the title, the defendant in the declara tion would confess judgment and the plaintiff, Rawlins, would be restored. to possession. When, on May 8, 1675, the case came up for decision, Lambert did not appear, either in person or by attorney, although John Carpenter of Anne Arundel swore before one of the justices of the Court that he had served him with proper notice. Thereupon, Peirpont, the person who had leased the land to Rawlins, prayed and got a writ of habere facias possessionem, and 590 pounds of tobacco for costs as well (post, 583-584). Besides this case of Rawlins v. Parnepley, several other cases of trespass and ejectment turned upon the admission of defendants to take the places of casual ejectors. The case that began as Francis Holland v. Hugh Connell (post, 79- 81) became Francis Holland v. Henry Beedle et uz. (ibid., pp. 107, 151-153), when Connell, the casual ejector, was replaced by Henry Beedle and Sophia his wife, from whom Connell held. The case was tried before a jury, which came quickly to agreement on a verdict. But when Holland was called to appear and hear the verdict, he did not come, and a nonsuit was awarded against him. The Beedles even recovered, their costs against him. The case that began as Edmund Lister v. Thomas Momford (post, pp. 77, 102, 162-163) became first Lister v. Philip Shapleigh (ibid., p. 203) and ended up as Edward Williams v. Philip Shapleigh (ibid., pp. 287). When, after two continuances, the case came to trial, Philip Shapleigh was admitted defend ant, to acknowledge demise, ejectment and expulsion or suffer judgment by default. Before that trial, Lister died and Edward Williams took his place as plaintiff. The case of Williams v. Shapleigh came to trial in May 1674, but the new plaintiff did not appear to prosecute, and the Court ordered a nonsuit against him, with costs and charges to Shapleigh. In the case of John Shanks v. John Blackiston (post, pp. 180-181), Blackiston had ejected Shanks from Langworth Point and “Thomas Donnes Neck”, which Nehemiah and Elizabeth Blackiston had demised to him. John Blackiston acknowledged the service of the declaration, and, by permission of the Court, with the assent of both attorneys, Edward Connery was admitted defendant in his place. Connery was ordered to pay the plaintiff's costs, and Nehemiah and Elizabeth Blackiston, the lessor plaintiffs were ordered to pay those of the defendant. At that point the Court adjourned, and when it reconvened on February io, 1673/4, John Shanks, who had been ejected from the land in question by Connery's John Blackiston, had become himself the casual ejector |
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Volume 65, Preface 30 View pdf image (33K) |
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