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Provincial Court Proceedings, 1659. 319
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use of the County: But only the grownd cleared, & those howses
built att the defts owne proper Costs.
The Judgmt of the Court is, That, according to the Declaraon
of Thomas Sowth, first mentioned in the Deed or Bill of Sale, who
understood tht the deft had but a permissiue right in that Land, &
tht hee sold noe other right, but only that permissiue right: the plf
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Liber
P. C. R.
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can challenge noe other right, then what the deft sold, & the plfs
Copartner Thomas Sowth acknowledgeth, & was intended.
The deft hath not wronged the plf in the sale.
The Court adiorned by the Gouernor till tomorrow morning 10th
Clock.
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p. 287
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To the Sheriffe 210l To the Clk 062l.
Writt of Exeqn issued to the Sheriffe & Clerke of County of Kent,
ffor Sheriffe & Clerkes ffees according to the Order of Court &c :
fol. 283, agst Edward Coppage
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Attorney
General v.
Coppage
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Wa^ to the Sheriffe of Anarundel County to bring Thomas
Thurstone to the Court to morrow morning, To make answere to
what shall be there obiected agst him on the behalfe of the Ld Pro-
prietary.
Att a Court held in Anarundel County on Wednesday 3d of August
1659.
Pnte
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Attorney
General v.
Thurston
Aug. 3
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Josias ffendall Esqr Gour | Coll Nathaniel Vtye
Philip Caluert Esqr Seer | Mr Edward Lloyd.
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Whereas Thomas Ringhould pH sheweth by his Petn That hee
surueyed a parcell of Land on the Easterne Shoare in Chesapeack
Bay ouer agst the North East end of the Isle of Kent, & adioyning
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Ringgold v.
Wickes
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to the Land surueyed to Thomas Sowth, And whereas Joseph Wicks
deft came afterwards & surueyed the same Land in his owne right,
thereuppon clayming & pretending tytle to the same, cutting out the
plfs marks on the sd Land, as himselfe acknowledgeth in Court.
John Salter (att the instance of the deft) sayth That Mr Clearke
told Mr Wicks, tht what Land hee had made choyce of for himselfe
hee should haue noe wrong therein; & shewed Mr Clearke the
Certificate of the suruey. And Mr Clearke gaue him the Certificate
back againe, Saying tht when hee came up, hee would rectify it, other-
wise that his Certificate should stand.
It appearing by the date of the Certificates of both the Surueys
produced & Shewen in Court, That the plfs Certificate bares date
21th ffeb: 1658 & confirmed by the Surveyor under his hand 25
ffeb. ffollowing. And the defts Certificate (being surueyed & signed
by himselfe) beares date 27 Aprill 1659.
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Exeqtn
issued
Vid. fol. 321
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