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(503) Interrogations sworn to by M.r Tho.s Addison put by M.r Riley first Question Whether or no M.r Rileys Warrant came not to his hands before Coll.o Bealls & how long and whether it were not first Entered into This Book? Answer He could not well remember justly but he thought at the least it ab.t a fortnight that he had M.r Rileys Warr.t before he had Coll.o Bealls & at the same time he gave us the Warr.t he likewise gave me an Entry very near agreeing with the Lines of the Land as tis not surveyed 2.dly Whether M.r Riley & Coll.o Beall did agree to send to M.r Carroll to have his advice to know w.ch Warr.t should be served first? Answer That at the Request of both parties I writt up to M.r Carroll for his opinion w.ch Warr.t ought to be Executed first M.r Carroll accordingly sent the following answ.r M.r Hugh Riley What to say to the surveyor for not Executing your Warrant I can not tell having no power over him the surveyor Gen.ll Cap.t Smith is the man y.t can either make him do it or cause some body else to do the same if you have Entred yo.r Warr.t with the surveyor & told him of the Land you would have him lay it upon he can not by the Duty of his Office lay it out for any other pson & if it be not within the antient & reall bounds of any other survey could not be deprived of it I can not say further in it if I could do you any kindness I should be very ready w.ch is all at p.rsent from yo.r Friend & serv.t Cha Carroll 3.dly What proof Coll.o Beall made to the bound Trees of the Majors Lott w.n y.e Special Warr.t was served? Answer There was no proof made of the bound Trees that I know of 4.thly What proof appeard to you w.n you rec.d an order from y.e prov.ll Court to resurvey y.e same? Answer I Remember little or no proof but what there was the Jury rejected it upon the sight of the Tree that Coll.o Beall shewd Tho Addison Interrogations sworn to by Thomas Addison put by M.r Edw.d Doson &c first Question What Coll.o Darnalls opinion was of you surveying a Comon Warr.t upon Cultivated Land how he determined the Matter between Riley and Dawson &c Answ.r That Coll.o Darnall said it had been better he had not served the Comon Warrant upon Cultivated Land to w.ch Riley answered he could but loose the Cultivation and be a Charge of a new survey and hold the Clear Land to w.ch M.r Carroll answered they could not deny him a pattent upon those terms upon w.ch Coll.o Darnall determined that Riley should hold that part of the Land between Chellsey and Major Sewells Land and renew Rileys Warrant &c Dawson &c in Six Months to pay Riley his reasonable Cost and Charge he had been out 2.dly Whether Coll.o Darnall ordered the land (upon Dawson &c paying Riley his Charges) to Coll.o Beall or to Dawson &c? Answer I Remember Nothing of it Feb.ry y.e 8.th 1702/3 The within Depositions were sworn to before me R Bradly By Vertue of a Comission from the Court of Chancery Jan.ry 21.st 1702/3 |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 503 View pdf image |
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