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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 580   View pdf image (33K)
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580 MARYLAND COURT OF APPEALS

The Appellant Alexander Adams of Somersett County Clerk hath Ap-
pealed to this Honnble Court Agt the Said Decree as also Against the order
grounded on the Sd Decree and is advised that the Same are Erroneous for
these Amongst Many other Reasons

1o For that it Should have been Particularly Set forth and Specifyed in
the Respondents Bill and before the Appellant was oblidged to answer that
the Deeds therein Mentioned to be fraudulent were made and Executed
after the Obtaining the Judgment by the Respondent Against the Said
Brewerton

2o For that the Decree Confines the Land devised By Waltham and by
the Appellant and Wm Brewerton Bargained for to be laid out by Captn Jones
and Mr Roach Contiguous and Next Adjoining to the hundred Acres before
mentioned without any regard to quality which is Directly Contrary to the
first Agreement between Brewerton and the Appellant.

3o For By the Decree the appellant Adams is ordered to release his
Right Wch is a fee Simple to the Respondent who by his Elegit is only En-
tituled to a Chattle which is more than was prayed for by the Respondent
in his Bill or more than he Could be really Entituled to

For wch with many other Reasons the Appellant humbly hopes that the
Said Decree and Subsequent Order thereto Shall be Reversed and the Re-
spondents Bill be dismissed [774] And that he to all he thereby Lost may be
Restored etc.

M. Macnemara

And Thereupon AfterwdB the Next Court To Witt on the thirteenth
Day of October Anno Dom Seventeen hundred and Twenty Seven both the
Sd parties Appellant and Appellee afd Appeared by their Councel afd Where-
upon the Said Cause was Continued untill Next Court. At Which Sd Next
Court To Witt on the thirteenth day of February Anno Dom Seventeen hun-
dred and Twenty Seven both the parties afd Appellant and Appellee Ap-
peared by their Council afd Whereupon the Sa Cause was Continued Untill
Next Court.

At Wcn Said Next Court To Witt on the Second Day of July Anno Dom
Seventeen hundred and Twenty Eight both the Sd parties afd Appellant and
Appellee Appeared by their Council afd Whereupon the Said Cause was
Continued untill next Court. At wch Said Next Court To Witt On the first
Day of October Anno Dom Seventeen hundred and Twenty Eight before his
Lordships Court of Appeals the a£d Alexander Adams by his Sd Councel being
present as also the Said John Caldwell by his Councel being Likewise Present

Whereupon afterwdB on the Thirty first Day of Octr Seventeen hundred
and Twenty Eight in the Same Court upon hearing the Cause in presence of
the Council on both Sides the Original Bill Demurer Answers and Examina-
tions taken by Vertue of Commissions issued out of the Sd Court of Chancery
wth the Decree Rendered in the Said Court together wth the Reasons and


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 580   View pdf image (33K)
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