clear space clear space clear space white space
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 299   View pdf image (33K)
 Jump to  
clear space clear space clear space white space


land; and was always, from a very early period of the Provincial
government, essentially the same as at present. Land Ho. Ass.
73, 83. On a caveat being entered, both parties may be con-
sidered as actors; for, if called for, by either party, an order may
be passed appointing a day for hearing; but no caveat can be dis-
missed without hearing, or giving the parties an opportunity of
being heard. Garretson v. Cole, 1 H. & J. 374; April, 1782. ch.38,
s. 8. After a party has thus obtained an order appointing a day
for hearing, subposna is issued from the Chancery office under the
great seal, as formerly, to summon the opposite party to appeal-
before the Chancellor to maintain, or to answer the caveat. And
subpoenas may, in like manner, be issued to summon wituessses to
testify. Land Ho. Ass. 331, 488; April, 1782, ch. 38, s. 11. If
required, the parties may, by the same or a separate order, obtain
authority to take the depositions of witnesses before any justice
of the peace on giving notice as usual, and also, a direction to
the surveyor of the county, or some other impartial person to sur-
vey the lands, and lay down the conflicting pretensions of the
parties; and the surveyor may summon witnesses to give evidence
on the survey. Land Ho. Ass. 420, 488; 1789, ch. 35, s. 6. Upon
the return of all which, on the day appointed, the arguments of
the parties are received by themselves, or their attorneys either
orally or in writing; unless before, or on that day, further time be
allowed for the hearing, of which the party obtaining the order
must give his antagonist notice. Land Ho. Asa. 489.

The applicant for the patent must make out his case by shewing
himself entitled to a patent for the tract of land he has caused to
be designated in his warrant, his entry on the surveyor'^ book, or
by his certificate; and thus, in general, holding the affirmative, he
opens and concludes the argument. Land Ho. ASK. 453. After
which the case is * decided by the Chancellor according to
right, to reason, and to good conscience; or in other words, 329
according to the rules of the land office, and the whole law properly
applicable to the case: Land Ho. Ass. 316, 373, 374, 400, 446, 452,
462; November, 1781, ch. 20, s. 6; or he may decree thereon ac-
cording to equity and good conscience, and agreeably to the prin-
ciples established in the High Court of Chancery, as if the matter
were brought before him by a bill in Chancery. 1789, ch. 35, s.
4; Land Ho. Ass. 384; Hammond v. War field, 2 H. & J. 151. If
the certificate be incorrect the Chancellor may, at the instance of
the party, order the survey to be corrected in such manner as he
shall direct. Land Ho. Ass. 403, 420, 450; West v. Hughes, 1 H. &
J. 9. In some cases, if the certificate be vacated, he may order
other warrant to be issued to the party to the amount of the va-
cated certificate on whicli the composition had been paid; Land
Ho. Ass. 473, and, as in Chancery, he may award costs and enforce
the payment of them to the prevailing party. 1797, ch. 114, s. 8.


clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 299   View pdf image (33K)
 Jump to  

This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact

©Copyright  August 02, 2018
Maryland State Archives