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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 378   View pdf image (33K)
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378 MARYLAND COURT OF APPEALS

and Ejectment afd Gave in Evidence and proved to the Jury afd on his part
That well and true it is that the afd James Warner was Seized as the Plantiff
before set forth of the afd tract of Land and premisses and that the said James
Warner made his last Will and testament wherein was Contained the Bequest
and Devise given in Evidence by the Lessor of the Plantiff But the said Deft
further gave in Evidence and proved to the Jury afd that Johannah the De-
visee was heir at Law to James Warner the Devisor and further proved that
James Sewell Son and heir of Johannah Sewell the Devisee of Warner by
bargain and Sale bareing date the fifth day of February Anno Domini Seven-
teen hundred Duly made Executed and Recorded as the Law requires which
Deed follows in these Words Vizt: This Indenture made the fifth day of
February in the year of our Lord God One thousand Seven hundred Between
James Sewell of Annarundell County Planter of the One Part and Phillip
Howard the Younger of the said County Planter of the other Part Whereas
the Right Honble: Cecilius late Absolute Lord and proprietor of the Prov-
inces of Maryland and Avalon Lord Baron of Baltemore etc: of Noble
Memory by his Letters Pattent under his greater Seale Arms bareing date
the twentyth [582] Day of June in the year of Our Lord One thousand Six
hundred Sixty and Eight did grant unto James Warner late of the afd County
of Annarundell deced a Certain tract of Land in the said County called War-
ner's neck and Containing three hundred and twenty Acres which said James
in his life time made over One hundred Acres thereof to Phillip Howard
the Elder and to his heirs and one hundred Acres more to Samuel Howard
and his heirs and by his last Will and testament in writing Devised the re-
maining One hundred and twenty Acres to Elizabeth his Wife dureing her
life And after her decease to Johannah Sewell his Daughter and to her heirs
whose Son and heir the afd James Sewell is Now this present Indenture
Wittnesseth that the said James Sewell for and in Consideration of the sum
of the sum of [sic] one hundred and ten pounds Sterling to him in hand paid
or Seemed to be paid by the said Phillip Howard the Younger at or before
the Ensealing and Delivery of these presents the receipt whereof the said
James Sewell doth hereby Acknowledge And thereof and of Every part And
parcell thereof he the said James Sewell for himself and his heirs doth hereby
fully Clearly and Absolutely Exonerate Acquit and Discharge the said Phil-
lip Howard the Younger his heirs and Assignes forever Hath given Granted
bargained Sold Alien'd Enffeeoffed and Confirmed as by these Presents he
the said James Sewell doth for him and his heirs give grant Bargain Sell Alien
Enfeeoffe and Confirm unto him the said Phillip Howard the younger and to
his heirs all the remaining One hundred and twenty Acres so as afd by the
said James Warner to his Wife Elizabeth for life Devised and after her De-
cease to Johannah Sewell his Daughter and to her heirs together with all and
Singular the woods Underwoods Dewlling [sic] Houses out Houses Tobacco
Houses Gardens Barns Stables Orchards Meadows pastures Fences Inclosures


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 378   View pdf image (33K)
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