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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 333   View pdf image (33K)
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MARYLAND COURT OF APPEALS 333

Several exceptions by way of Demurrer ore tenus to the Appealee's Answer
which were over Ruled with the usuall Costs of Six hundred pounds of
Tobacco to be paid to the Deft for the unnecessary delay in Argueing thereof
And thereupon it was Likewise ruled they shou'd proceed to the merrits
of the Cause Whereupon afterwards on the Sixth day of April Anno Domi
Seventeen hundred and twenty two By Order of the said Court of Appeals in
Equity held (in Order to inform their Honrs Judgmt in the aforegoing
Cause) the following Order did Issue You are hereby required to interro-
gate Mr William Fitzredmond on his Oath what he remembers in relation to
what words Collo John Ward used to induce the deced Charles Carroll Esqr
then his Ldships Agent to grant him a patent of Escheat of a tract of Land
Called Martinson and what he has heard Mr Carroll before or since the
granting the Escheat say Concerning the same.
To Samuel Young Esqr William Cumming Clk

William Fitzredmond of Annarundell County Gent Aged thirty four
years or thereabouts being Examined on the Holy [509] Evangilists of Al-
mighty God Deposeth and saith that on or about the year Seventeen hundred
and twelve or Seventeen hundred and thirteen he being then Regr in his
Ldships Land Office a Certain Collo John Ward of Cecill County made Appli-
cation to Charles Carroll Esqr then Agent to the Rt HonMe the Lord Propry
for managemt of his Land Affairs praying to Obtaine a grant for a Certain
peice of Escheat Land lying in the said County called as the Deponent be-
lieves by the Name of Martinson and Adjacent to the said Wards Dwelling
Plantation and most Convenient to him of any other person and of so little
Value that it wou'd not bare the fees of a Speciall Warrant according to the
Common Course of the Office for granting Escheats Which the Agent be-
leiving thereupon Ordered the Depont to Issue out an Order in the Nature
of a warrant (tho not recorded to save fees) to the Survey of the County for
the time then being to resurvey the same in the name of the said Collo Ward
upon return of which resurvey it was Certified into the Land Office that there
was a Considerable quantity of Land contained therein more then the said
Ward at first Suggested and this Depont further says and declares his rea-
sons for remembring so well the particulars of the Premisses is Cheifly for
being cut off from his Fees Contrary to the Common Course of the Office in
such Cases, The Depont also further says and declares that to the best of his
Remembrance the said return was made and Patent issued thereon in less
then three months time (a dispatch very unusual in the severall Offices) And
that some time after Mr Carrolls Arrivall out of England when last their he
Asked the Depont what Suggestions were made to him (the Agent meaning)
by Coll" Ward before Obtaining the said Grant to which he Answer'd he
could not Exactly tell nor knew no better way to know then by Recourse
or Refferrence to the Record of the Patent which was issued when matters
relateing thereto were fresh in the DepontB memory upon which after a little


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 333   View pdf image (33K)
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