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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 220   View pdf image (33K)
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220 MARYLAND COURT OF APPEALS

said Charles Botler's own hand might be lodged amongst the Records of the
Provincial Court or otherwise preserved from Imbezelment for the better
Illustration of the truth of your Orator's cause but So farr did the interest of
the said Charles Carroll prevaile above that of your Orator that the sd Roger
Brooke or others that own'd the Said Platt were prevailed upon by the said
Charles Carroll to conceal the Same So that your Orator cou'd not obtain
the effect of his So reasonable request tho he offered to be at all charges that
should arise thereon Wherefore for that the proceedings of the Said Charles
are altogether unjust and the verdict of the said Jurors false and illegall but
that your Orator is not otherwise relievable Save before your Excellency in
this Honrble Court were [sic] the Verdict of the said Jury may be examined
according to the rules of [345] Equity and good Conscience The practice of
attainting Jurors not being at yet introduced here And to the end that the sd
Charles may answer all and Singular the premisses and also that the Sd Charles
may bring into this Honrble Court the Originall Platt of the lands afd or oth-
erwise Set forth what is become of the Same or what he knows of it and gen-
erally to answer all and Singular the premisses and particularly whether he
do's believe that the Tree which your Orator alleged to have been bounded
for the first tree of Amptill Grange where the Plumb tree now Stands was
not actually bounded by the sd Charles Boteler the Surveyour for the first
bounded Tree of the said Land of Amptill Grange when he first Surveyed
it Also what was the date of the Certificate of Enfield Chace who it was that
put him upon molesting your Orator, or what were his motives So to do
whether he does not believe your Orator's pretensions to be more agreeable
to the certificates of Survey of all the contiguous lands than those of his own
making and whether the Evidences examined at the Barr did not Satisfye
him in point of conscience that he was mistaken in his pretensions and
whether he does not really believe that the Sd Jurors were mistaken or mis-
lead in their Verdict Your Orator humbly prays your Excellency to grant
him his Lordships Writts of Injunction to be directed to the said Charles
Carroll thereby Commanding him at a certain day personally to be and ap-
pear before your Excy in this Honrble Court then and there to answer all
and Singular the premisses and further to Stand to and abide Such further
order rule direction and Decree therein as to your Excy shall Seem meet.
And your Orator as in duty bound Shall ever pray etc.

Th Bordley per Complt

The answer of Charles Carroll Defendant to the Bill of Complt of Tho8
Wells junr.

The Said Defendt Saving to himself now and at all times hereafter the
benefite and advantage of exception to the many Imperfections incertintyes
and insufficiencys of the Complainants Said Bill of Complt for answer there-
unto or unto So much thereof as this defendant is advised as any way mate-
riall for him to make [346] answer unto He answereth and Sayeth That he


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 220   View pdf image (33K)
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