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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 204   View pdf image (33K)
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204 MARYLAND COURT OF APPEALS

cording to Law bearing Date the Twentyeth Day of December Seventeen
hundred and twelve and to us in Evidence Given did Grant bargain and Sell
unto the Said George Eskridge the Defend' all the Said Tract of Land (Ex-
cept the Said one hundred Acres to him in form afsa devisd) to have and
to hold to him the Said George Eskridge his heirs ExrB admra or assignes for
and dureing the terme of forty years from the Date of the Said writeing fully
to be Compleat and Ended if the Said Jane Should So long Live.

Wee further find that Thomas Orrell the Tennt in Possession nf the
Land afd the twenty Second Day of December anno Doni Seventeen hundred
and twelve [317] Did attorn Tenant unto the Said George Eskridge the
Defendant.

Wee further find that Elsworth Bayne Son and Heir of the afd Anne
Bayne devisee of the aft Thomas Gerrard by his Deed of Release Indented
acknowledged and Enrolled according to Law bearing Date the Seventh Day
of October anno Doni Seventeen hundred and thirteen to us also in Evidence
given did release and Confirm unto the Said George Eskridge the Defendt all
his Right Title and Interest of in and unto the afd mannor of westwood in
the Said Defts actuall possession then being to have and to hold to him his
hciis LH assignes for Ever, and wee further find that the Said Defendant and
all those whose Estate he hath is and Ever Since the Death of the afd Thomas
Gerrard have been in the actuall possession of the Land in Dispute and if
upon the whole matter afd it Seemeth to the Court here that the plaintiff
hath a Good Title in Law to the Land in Dispute wee find for the Plaintiff
otherwise wee find for the Defendant and wee pray the advise of the Court.

Tho: Edmundson foreman

And Because the Justices here as yet are not advised of the rendring
their Judgmts, of and upon the Virdt and premises afsd Day thereof is Given
as well to the afa Wm Fitzredmond Lessee of the Said Charles Carroll as to
the Said [318] George Eskridge untill next Court to hear thereof their Judg-
ments, for that the Said Justices as yet are not etc. Alt which Said next
Court to witt the thirteenth Day of July Anno Doni Seventeen hundred and
fourteen comes again as well the Said William Fitzredmond Lessee of the
Said Charles Caroll by his attorney afd as the Said George Eskridge by his
attorney afsd Whereupon all and Singular the premises being by the Court
here Seen and fully under Stood and mature Deliberation being thereupon
had for that it Seems to the Court of the Lady the Queen hereupon the
whole matter afsd above in forme ald found that the afd Plaintiff hath not a
Good Title in Law to the Land in Dispute.

Therefore it is Considered that the Said William Fitzredmond lessee of
the Said Charles Carroll take nothing by his writt afa but be in mercy for his
false Clamour and that the Said George Eskridge go thereof without Day,
and also it is Considered that the Said George Eskridge recover against the
Said William Fitzredmond Lessee of the Said Charles Carroll the Summe of


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 204   View pdf image (33K)
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