there cannot be more than one class, order, or set of men, by
whom it will be disapproved.
It is thereupon adjudged, Ordered and decreed, that the
caveat of John Moale against James Croxall's certificate of
the tract or three tracts of land called " Retaliation" be, and
it is hereby, declared to be good¾But no costs are allowed.
The remaining Decrees are by the present Chancellor.
¾¾
NEHEMIAH HALL )
a ) Land-office.
The representatives of ) Caveat; 2nd April 1806.
MICHAEL PUE deceas'd)
In this case an order had passed for subpoenas, returnable
to this day, dated the 27th of November 1805. The caveat
was entered on the 18th of the same month.
The caveator appeared, and produced an affidavit, proving
the service of the subpoenas on the persons named in the
aforesaid order, by delivery; ¾and, the loss of the copies
which he had retained;¾and, also, the declaration of those
persons that they would not attend.¾The caveator produced
the said affidavit also to prove that he served the said persons
with notice from the surveyor of Baltimore county of the
day he should attend to make the survey, agreeably to the
order from the land office; which notice is thereto annexed.
By the plat returned, and by the patents produced, it
appears that the vacancy returned by the certificate of Doctor
Pue (49 acres) which is the subject of the present caveat, is
included in the land patented to the caveator, which, by the
established rules of the office, it is believed, is sufficient, on
caveat, to prevent a patent issuing, while another for the same
land remain unvacated. ¾The rights of the parties might have
been tried on caveats to the certificates on which the patents
of Nehemiah Hall have been obtained¾the caveat is therefore
ruled good, as to the said 49 acres, to include which it is
understood the patent was desired:¾The parties
respectively to pay their own costs.
W. KILTY , Chan'r.
¾¾
THOMAS RICHARDSON)
a ) Land-office, June 7th, 1806.
CHARLES RANDALL. )
The hearing of the caveat in this case having been
continued to this day on the application of the caveator, the
parties attended, and the proceedings in the case, the evidence
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