Volume 67, Page 232 View pdf image (33K) |
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232 Provincial Court Proceedings, 1677/8. Liber N N the twentieth day of ffebruary in the third yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni 1677 that the said John Serjeant & Mary his wife late wife of Edward Norman Guardians of Rosamond Norman daughter & heyre of the said Edward Norman in i right of the said Rosamond their possession of the said Messuage & one hundred acres of land recover And the said in mercy Wm Taylor 1 Itt was this day to witt the three & twentieth day of agt ffebruary in the third yeare of the Dominion of Charles Wm Laytonj Lord Baltemore &c Annoq Dni 1677 moved to the Court here by Robert Ridgely Attorney for the plain tiffe That whereas the Eighth day of Octobr last past att a Pro vincial Court then holden, the Defendts by Robert Carvile their Attorney in the absence of the plaintiffe & his said Attorney did sur reptitiously obtaine an order of this Court which followes in these words vizt that whereas att the said Eighth day of OctoW came Wm Taylor by Robert Ridgely his Attorney & Wm Layton by Robert Carvile his Attorney, but because itt appeared to the Court here that this action in Ejectmt was comenced by the said Wm Tailor as Lesse to the said Thomas Jones agt Wm Layton the casuall Ejector And the said Andrew Whittington & Richard Chambers being named De fendth instead of the casuall Ejector to try the Title to one Messuage of One thousand acres of land in Somrsett County late in the tenure or occupacon of the said Thomas Jones And the Court findeing itt necessary that the bounds of the said persons lands be Surveyed by a skillfull person according to their respective Patents & a faire plott & Certificate thereof be returned to the Court, Itt is by the Court this day ordered, that Mr ffrancis Jenckins Deputy Surveyr of the said County be especially appointed by this Court & is hereby ap pointed impowered & comanded to lay out the lands of the said parties according to their ancient meetes & bounds runing the lines accord ing to the Patents in the prsence of the Sheriffe of the said County, who is hereby comanded & impowered to Sumon & impanne! a Jury upon the said lands & examine Evidences upon Oath that the truth of the matter may be fully discovered And the said Surveyr is hereby ordered to run his lines according to the evidence then given & the direction of of the Jury, & to returne & Certificate of his proceedings herein & a faire plott distinctly drawn of the lands in question, to gether with the Evidence that was then sworne to the next Provin ciall Court attested under the hand of the said Surveyr Sheriffe & Jurors, that so his Lordpps Justices being fully informed of the truth of the prmisses may doe therein as to Justice appertaineth. So that by the said order the said plaintiffe in a reall accon was concluded un heard contrary to Law, And the said Robert Ridgely prayed that the p. 482 said order & the Survey Thereupon returned by ffrancis Jenckins Deputy Surveyr be sett aside, & a new Survey awarded for the Re- |
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Volume 67, Page 232 View pdf image (33K) |
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