| Volume 51, Page 441 View pdf image (33K) |
Chancery Court Proceedings, 1674. 441
The Lord Proprietary Complt Day being given to both parties untill Liber P C
agt Fthis day to witt the twelfth day of
Thomas Gerard deft May in the yeare aforesaid Att
which said 12th day of May came the said Thomas Gerard by Robert
Carvile his Attorny and Saith that neither the Said Letters pattents
of his said Lopp the Lord proprietary of the said foure hundred
Acres of land called the Meadowes in forme aforesaid made to the
said Thomas Gerard Esq ought not to be revoked and adnulled
nor the same into the hands of his said Lopp ought to be seized
because he saith that at the time of the takeing Up of the said Land
by the said Thomas Gerard Esp according to his Lows Conditions
of plantation nor at the time of the certificate of Survey nor granting
of the said letters pattent nor a long time after there was not any
record of any reserve made by his Lopp of any land whatsoever
to be Surveyed and laid Out for his Lopps Use and to be called
Chaptico Mannour of which the said foure hundred acres of land in
the scire facias is alleadged to be part nor was there at the time
aforesaid any legall Survey for the takeing Upp and laying Out
for the said Lopps Use any such land as Chaptico Mannour in which
it included the said four hundred Acres as by the said Scire facias
as pretended nor was the said four hundred acres of land called the
meadowes any part or parcell of the said Mannour of Chaptico
according as the said Mannour at the time of the said Thomas
Gerards Survey and pattent granted was laid Out and reserved But
the said four hundred Acres of land was duly and according to his
Lopps Conditions of Plantation taken up and pattented by the
said Thomas Gerard Esq and by him by Indenture duly executed
beareing date the ninth day of January 1671 for a good and valuable
Consideration paid and secured to be paid unto him the said Thomas
Gerard legally conveyed to and settled upon the deft Thomas Gerard
and he by Virtue thereof is become seized in ffee of the premises
and Ought to hold and enjoy the same according to the said In-
denture and Pattent which pattent Ought not in Law or equity p.57
by any private Act or instructions but what shall be Sufficient
matter of record and ariseing before the said Certificate of survey
made for Thomas Gerard Escp and Pattent thereupon duly Obtained
be any wais avoided or sett aside And he is ready to averr and de-
mands the judgment of this Court whether the said Letters Pattents
& for the said four hundred acres of land called the Meadowes so
as aforesaid made ought to be revoaked or adnulled or the said
Lands seized into the hands of the said Lord Proprietary &c
And the said Lord Proprietary by Vincent Lowe Esq his Lopps
Attorny Genll saith that the said Letters pattent of him the said
Lord Proprietary to him the said Thomas Gerard Esq in forme
aforesaid granted for the said foure hundred acres of land called
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| Volume 51, Page 441 View pdf image (33K) |
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