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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 321   View pdf image (33K)
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MARYLAND COURT OF APPEALS 321

depending against the said Benj" Peirce as Tenant in Possession of the said
fifty Acres of Land that the said Benjamin upon an Enquiry into the Occa-
sion thereof found that the said fifty Acres was included within the bounds
of the said five hundred Acres of Land and near the midst thereof upon
which were all or for the greatest Part of the buildings and Improvmts which
the said John Hynson had made for the whole five hundred Acres called the
worlds End that thereupon the said fifty Acres being the Elder Survey the
said John Ward hoped to make himself the master of the whole Improve-
ments which the said John Hynson had made upon the said fifty Acres in-
stead of his Own and thereby Oblige the said Benjamin Pearce and Mary
his Wife in her life time or the said Nathaniel the Minor after her decease
to purchase the said fifty Acres of Land of him at the full value [490] of all
the Improvements thereon made or other extravagant rate or Else to sell the
said five hundred acres to him for little or nothing because of the afsd incum-
brance that after the decease of the said Mary the said Minor having Chosen
your Orator his Gaurdian and thereby made it your Orators business to
Enquire into the Premisses your Orator has Caused the Record of the Land
Office to be Searched but cannot find any thing relateing to the said fifty
Acres of Land save a bare Certificate without any Warrant to Support or
Patent to Confirm it that your Orator understanding that the said John
Ward hath Obtained a Patent of Escheat for the said fifty Acres in manner
afsd and by Surprizeing his Ldship's Agent into to great a Creditt of his Sug-
gestions and Contrary to the true intent of his Ldships Agent and the rules
of the Land Office, But yet that such Patent wou'd be Sufft Evidence at Law
to maintaine the Ejectment as brought Offered the said John Ward on the
behalf of the said Orphan all Charges and disburstments he had been at in
the Escheating the said Land if he would Consent to the Vacateing the said
Patent so unduely Obtained but the said John Ward Absolutely refused the
same or any other reasonable Complyance with your Orator on the said
Minors behalf wherefore for that the said Patent so unfairly Obtained to
the ruinning the said Minors Estate if Continued is only properly to be
vacated and the said Minor relieved in this Honble Court and to the End
that the said John Ward may upon his Corporall Oath true and Perfect
answer make to all and Singular the Premisses and that he may sett forth
all the Suggestions or Allegations that he made to his Ldship's Agent on or
before the Obtaining the Escheat as motives thereto whither he did not
then know or veryly beleive that the said fifty Acres of Land included a
great part of the Improvements which the said John Hynson in his Life time
had made within the bounds of the said five hundred Acres and whither
he did not then veryly believe that it was more Convenient to those that held
the said Tract called the Worlds End than any Other [491] Whether he gave
his Ldships Agent any Accout of that Circumstance whether your Orator
did not in a friendly manner request him to Suffer a vacation of the said


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 321   View pdf image (33K)
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