"LOST ACRES"

"Lost Acres"  is the name given by the applicants to two allegedly vacant tracts of land; one indentified as the north parcel consisting of .08397 acres and one identified as the south parcel containing 3.4776 acres.  The tracts are located close to each other but are not contiguous.  Land owned by the objector separates the two allegedly vacant tracts of land.  The south parcel is located near land owned by the applicants, but is separated from this land by a thirty-two foot section of land owned by the objector.

The Deputy Commissioner of Land Patents identified the current owners and deed references from the Maryland Department of Assessments and Taxation (Tax Maps) Carroll County, No. 66,  and the Maryland Department of Assessments and Taxation, Real Property System On-Line Data Base.  There are six tracts of land which surround the alleged vacancies.  The Deputy Commissioner researched the title history to these tracts back to the original or resurvey patents.   He made use of county deeds, county equity court cases, county land commissions, county probate  records, county subdivision plats, Provincial Court deeds, Provincial Court ejectment papers, and State Chancery Court cases.   He also consulted the private papers of Dr. Arthur Tracey.   Dr. Tracey devoted a life-time to compiling tract maps of Baltimore, Carroll, Frederick, and Washington counties from the original certificates of survey.

In order to place his research on the ground in the twenty-first century, the Deputy Commissioner secured digital orthophotography data, both in hard-copy and CD format from the United States Geological Survey and Carroll County Planning Department; and hard-copy USGS Topographic Map, Winfield Quadrangle.     The digitial orthophotography data are  1"  =  600'  true color aerial photographs of the area, identified as Maryland - Winfield SW.    In addition, the Tax Map, Carroll County No. 66 has been scanned and will serve as one of the base maps in this project.

All of the relevant original certificates of survey, deeds, equity surveys, and other plats have been scanned in plats.net.  These images will be linked to this project.   The Deputy Commissioner has created plats of all relevant certificates of survey, deeds, equity surveys, and other plats in the Deedmapper program.  This program allows the user to create plats based on the metes and bounds description contained in certificates of survey, patents, deeds, survey plats, and other survey documents.  The plats created are representational and serve to provide a picture of the survey, especially when no other actual survey plat could be found.   The program allows these plats to be juxtaposed based on the information contained in each certificate of survey, patent, deed, survey plat, or other survey document.  The program also allows them to be placed on the base Tax Map, Carroll County No. 66 for a rough, representational picture of how the original certificates of survey, patents and later deeds and surveys might be placed over time and today.  Greater accuracy as to their placement would be achieved by identifying monuments on the ground today and linking them to historical monuments found in the documents.
 
 

Carlyle Tract

Let's begin with the tract of land owned by the objector.   This tract is the Carlyle tract.   The current deed to this tract states that it contains 14 acres.   The Carlyle tract lies to the north of the alleged south parcel vacancy and west of the alleged north parcel vacancy and is contiguous to them.  The Carlyle title search revealed that the current deed description is identical to the original certificate of survey and patent and this description has been carried down from patent to deed and from deed to deed for over two hundred years.  This patented tract is called the North West Point of Batchelor's Refuge, surveyed for John Gillis in 1770 and patented to John Gillis in 1771.

There is evidence, however, in Baltimore County Court (Land Records) WG 158/410  Land Commission, 1820 that when the land was part of a larger tract and was resurveyed by order of the Commissioners, the deputy county surveyor discovered that the North West Point of Batchelor's Refuge, "clear of elder surveys" contained only 12.2 acres.  This correction does not appear in any subsequent deeds to the land.   This correction was a recognition that the original survey for the North West Point of Batchelor's Refuge ran into a prior patent, Eppington Forest, surveyed for John Dorsey in 1764 and patented to William Lux et al. in 1764.

The Carlyle tract is shown on the applicants' survey plat drawn more or less to conform with the 1820 Land Commission survey language, "clear of elder surveys."   The north point and northern portion of the patent, North West Point of Batchelor's Refuge, 1770 were cut off where the lines of the patent run into a prior patent, Eppington Forest, 1764.   However, the "dower" portion of the 1820 Land Commission and subsequent deeds describe the original patent lines of the North West Point of Batchelor's Refuge, 1770, i. e. without the lines being cut off by a prior patent.
 

Linton 1 Tract

The second tract to be considered is the Linton 1 tract.  The Linton 1 tract lies south of the alleged south parcel vacancy and is contiguous to it.  The Linton 1 title search carries the title history back to two patents: Batchelor's Refuge, surveyed for Edward Dorsey in 1761 and patented to John Gillis in 1761; Mansell's Purchase, surveyed for Samuel Mansell in 1771 and patented to Samuel Chase in 1772; and to one unpatented tract York County surveyed for John Gillis in 1794.  Although unpatented, the certificate of survey for York County states that the certificate was examined and passed and the caution money paid.   Later certificates of survey, patents, deeds, land commissions, and equity cases refer to various lines of York County.  Batchelor's Refuge is contiguous to the alleged vacancy, as is York County at one corner.

The Linton 1 tract is Parcel 40 on Tax Map, Carroll County No. 66.   The current tract consists of 68.75 acres and was created in Carroll County Circuit Court (Land Records) 210/90, dated 1951 from 53.75 acres of Carroll County Circuit Court (Land Records) 210/88 and 15 acres from Carroll County Circuit Court (Land Records) 139/504.  It appears when this 68.75 acre tract was created, two new lines indentified as lines 6 and 7 in the deed, were drawn.  Based upon earlier title history research, line 7 appears to have been drawn across allegedly vacant line to the beginning of line 13 of Batchelor's Refuge, 1764.   In prior deeds and surveys, and the certificates of survey and patents, the metes and bounds descriptions in this area went around this area, rather than through it.  This appears to be the basis for the existence of the south parcel alleged vacancy.   To the north of line 7 is the south parcel alleged vacancy and to the south is also a possible newly discovered vacancy, not included in the applicants' application.   Line 7 runs with line 4 of the south parcel alleged vacancy.   Line 8 runs with line 1 of the south parcel alleged vacancy.

Part of the Linton 1 tract was contained in the 1820 Land Commission survey and in that survey, the metes and bounds description went around the area discussed above and not through it.   The same metes and bounds description appears in an earlier deed Baltimore County Court (Land Records) WG 124/626 H. Gillis et al. to E. Leatherwood, 1813.  This deed states in part that the land is part of a tract of land called Batchelor's Refuge, part of a tract called York County, and a tract called the North West Point of Batchelor;s Refuge.
 

Linton 2 Tract

The third tract is the Linton 2 tract.  The Linton 2 tract lies east of the alleged south parcel vacancy and is contiguous to it at one corner.  The Linton 2 title search carries the title history back to York County, unpatented, surveyed for John Gillis in 1794.  York County is contiguous to the alleged south parcel vacancy at one corner.    Part of Linton 2 tract, as well as part of Linton 1, are to be found in the Baltimore County Court (Land Records) WG 158/ 410 Land Commission, 1820 as Lot. No. 4.   Linton 2 tract title history research provides information on the land the lies directly east of the southeast corner of the south parcel alleged vacancy.
 

Miller Tract

The fourth tract is the Miller tract.  The Miller tract lies east of the alleged south parcel vacancy and is contigious to it and lies east of the alleged north parcel vacancy and is contiguous to it.  The Miller title search carries the title history back to two patents:  Red Oak Ridge, surveyed for Benjamin Lawrence et al. in 1795 and patented to Mary Lawrence in 1821 and Eppington Forest, surveyed for John Dorsey in 1764 and patented to William Lux et al. in 1764.

One of the basic problems of this application is the location of line 40 of Mansell's Purchase, 1771 and line 4 of Red Oak Ridge, 1795.  The applicants' claim that these line are parellel leaving an area between them for North West Point of Batchelor's Point, 1770 and both alleged vacancies.  There is contradictory evidence throughout the surviving record.   The language of the original certificate of survey for Red Oak Ridge contradicts the applicants' assertion.   Red Oak Ridge line 3 runs n43w 8.5 perches to the s5e 108 perch line [i.e. 40th line] of Mansell's Purchase, then Red Oak Ridge line 4 running with said line s5e 84 perches to the end of the s32w 88 perch line [i. e. 15th line] of York County.  Taken on face value, this appears to have line 40 of Mansell's Purchase and line 4 of Red Oak Ridge as co-terminous lines and seems to ignore the existence of North West Point of Batchelor's Refuge.

The language of the original certificate of survey for Red Oak Ridge, 1795 is repeated in subsequent deeds and in a 1841 survey and plat found in Howard District (Wills, Original) 1841 - 1955  Nicholas Worthington, 1845 and in Carroll County Circuit Court (Equity Papers) No. 973  James Steele, 1868 survey and plat.  Dr. Arthur Tracey's interpretation of how these tracts were positioned shows Red Oak Ridge line 3 not intersecting with Mansell's Purchase line 40, but falling short and Red Oak Ridge Line 4 running parellel with Mansell's Purchase line 40 not with it.  This interpretation would leave an area for the North West Point of Batchelor's Refuge and the applicants' would say, for both alleged vacancies.
 

Patton Tract

The fifth tract is the Patton tract.  The Patton tract lies northwest of both the alleged north parcel vacancy and the alleged south parcel vacancy, but is not contiguous to them.  The Patton title search provides context for the location of patents and tracts in the area.  The title search for the Patton tract carries the title history back to one patent:  Eppington Forest, surveyed for John Dorsey in 1764 and patented to William Lux et al. in 1764.   The certificate of survey and plat found in Baltimore County Court (Chancery Papers) No. 1011 Steele v. Buckingham, 1831 provide further context for the patents and tracts in the area, showing Mansell's Purchase and Red Oak Ridge lying to the south of Eppington Forest.   This equity survey and plat provided complementary evidence for the original certificate of survey for Mansell's Purchase, 1771 which stated that Mansell's Purchase lines 17 to 40 are Eppington Forest, 1764.   The Mansell's Purchase certificate is silent on Red Oak Ridge, 1794 because it did not exist at the time of the Mansell's Purchase survey.
 

Geyer Tract

The sixth tract is the Geyer tract.  The Geyer tract lies west of both the alleged north parcel vacancy and the alleged south parcel vacancy, but is not contiguous to them.  The Carlyle tract, owned by the objector, lies between the Geyer tract and the two alleged vacancies.  The Geyer tract is Lot 16 of the Cumorah Estates subdivision plat, 1985.  Along with Lot 15 to the north, Lot 16 lies to the west of the Carlyle tract.   The Geyer title search provides context for the location of patents and tracts in the area.  The title search for Geyer carries the title back to one patent:  Mansell's Purchase, surveyed for Samuel Mansell in 1771 and patented to Samuel Chase in 1772.

The Mansell's Purchase certificate of survey, 1771 provides context for the relative location of elder tracts in the area.  The certificate of survey states that Mansell's Purchase lines 17 to 40 are Eppington Forest, 1764;  line 41 is the North West Point of Batchelor's Refuge, 1770; and lines 42 to 46 are Batchelor's Refuge, 1761.  Mansell's Purchase line 40 is especially critical because it is mentioned in later patents, deeds, and equity surveys, which when taken on face value, seem to ignore the existence of the Carlyle tract, i.e. North West Point of Batchelor's Refuge, 1770 (see the Miller tract discussion above).   In additon, line 40 becomes shorter over time; from 108 perches in the original survey to 104 perches by 1873 in Carroll County Circuit Court (Land Records) 43/225  A. Cook to S. Penn to 98.5 perches by 1928 in Carroll County Circuit Court (Land Records) 150/253  W. Grimes to W. Wright.    Although no survey plats could be found for these deeds, the shortening of line 40 over time is reflected in the deed descriptions.  The Cumorah Estates subdivison plat, 1985 measures line 40 at 98.66 perches.