Volume 51, Page 506 View pdf image (33K) |
506 Chancery Court Proceedings, 1678. Liber P C in these words viz :t Whereas we have made inspection into the Records of our said Province of Maryland in our Sectys Office remaining wherein itt appeareth amongst other things that Caecilius our late ffather of noble memory the Eighteenth day of July one thousand six hundred forty two under the great scale of our said Province did Grant unto Thomas Gerard gent' a tract of land bound- ing upon the South with Potowmeck River, upon the West with Wiccocomico River, upon the East with S :t Clements Bay, & upon the North with a right line drawn from a Creek in Wiccocomico River called Gerards Creeke South Easterly to the nearest branch of a Creek in S :t Clements bay called the fresh Creeke And likewise three Islands the one in Potowmack River called S.t Ciem- ents, the Second in the mouth of S :t Clements bay called S :t Katherines Island, & the third lying neer unto itt in the mouth of Wiccocomico River called S :t Margaretts Island, the said tract of land & Islands containing six thousand acres in the whole or thereabouts Upon such considcracon & under such rents & pro- visocs as in the same is expressed & referred And for that upon Informacon that the said Grant to the said Thomas Gerard granted in the lines thereof doth not comprehend above fourc hundred acres of land, but that the lines of the said land are cleerly mistaken, & yctt under colour the said Thomas Gerard in his life tyme & those that claime under him since his death have held as their own land a very great quantity of land by which we & our said ffather have been of our rents for the surplusage lands more than the six thousand acres menconed in the said Patent And we being willing that the truth of the premisses should be fully discovered have caused the said tract of land to be Resurveyed & laid out anew by John Manley gent' deputy Survey.r under our trusty & welbeloved Baker Brooke Esq.r our Survey.r Gen :ll of our said Province reputed to be passed by the said Grant to the said Gerard Deceased which said Deputy Survey.r hath made returne of this Resurvey under his hand into our said Office that the said tract of land containeth Eleven thousand foure hundred acres By which itt is evident & apparent that our Said ffather of noble memory hath bin deceived in the said Grant, & that Patent for the same was unduely illegally & Surreptitiously obtained to the disinherizon of us & our heyres And the said Tho: Gerard being deceased & the possession of the prmisses being in Justinian Gerard gentl Sonn & heyre of the said Thomas Decd p. 121 Wee therefore comand you that by good & law full men of youre bailywick you make known & give warning to the said Justinian Gerard that he be & appeare before us in our Court of Chancery the Eighteenth day of this instant June wheresoever itt shall be holden to shew cause if any he hath why the said Letters Patent for the said land so surreptitiously obtained ought not to be revoaked |
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Volume 51, Page 506 View pdf image (33K) |
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