Volume 200, Volume 2, Page 453 View pdf image (33K) |
SEWELL VS. BAXTER AND WIFE. 458 was good, and required by their several deeds, a safe and unin- cumbered fee simple title. The deed of the 32d of October, 1819, from Joshua Swan to his daughter Emily Augusta, filed with the bill, as exhibit A, after reciting a conveyance to said Joshua by one Amos Loney, of a certain lot in Baltimore city, further recites, that "Whereas Matthew Murray, esquire, sheriff of Baltimore county, by ha indenture bearing date on or about the 28th day Of "October, 1818, duly recorded," &c., "for the consideration therein men- tioned, did grant," &c., "unto the said Joshua Swan, his heirs," &c.i "all that tract of land situated and lying in Baltimore county, called" &c.., "containing 248 acres of land, more or less." "Now, this indenture witnesseth, that the said Joshua Swan, in consideration of the natural love and affection which he hath for and beareth towards his daughter, the said. Emily Augusta Swan, and in further consideration of free dollars, lawful money paid," &c. and then conveys the land mentioned in the premises to the said Emily her heirs and assigns forever. The various deeds and judgments referred to in the bill and anwers, were proved under the commission, and also the fol- lowing single bill of Joshua Swan. "I promise to pay on demand to Charles S. Sewell, or to bis assigns, the full and just Sum of three hundred and eighty dollars, for value received, as witness my hand and seal this tenth day of August, 1816. JOSHUA SWAN. L. S.]" [The other portions of the testimony are sufficiently set forth in the opinion.] THE CHANCELLOR: On the 22d of October, 1819, the late Joshua Swan, by deed of that date, conveyed to his daughter Emily Augusta Swan, now the wife of the defendant, Baxter, in consideration of nat- ural love and affection, two parcels of land, situate and lying in Baltimore county, one of which had been conveyed to the grantor by Matthew Murray, sheriff of the county, on the 28th of October of the preceding year. |
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Volume 200, Volume 2, Page 453 View pdf image (33K) |
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