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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 159   View pdf image (33K)
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SALMON v. CLAGETT.—3 BLAND. 159

on a plea, or demurrer the facts so supposed to be true, cannot, in
another case, be given in evidence as admissions by the defendant

whatever, he holds the said tracts or parcels of land that the same, under
protestation as aforesaid, is a formal, valid and sufficient conveyance regu-
larly executed, acknowledged and enrolled, that he has all the insurance
for his said property that the law can give, and the above particular Act of
Assembly can assure and that the said acknowledgments and private ex-
aminations taken in the veiy terms, very words and spirit of the said Act of
Assembly is and must by the said Act of Assembly be conclusive, and effec-
tually bar the complainant from having the relief prayed for m this Court,
as otherwise property would be rendered altogether vague and incertain if
no rights that could be devised nor no act of the Legislature, that could be
framed could assure the same, or effectually bar, but be bubject to the re-
view and of being laid aside, and relief given against it in an inferior
Court and therefore, this defendant doth plead the above conveyances,
fallen and descended upon him as above, the above acknowledgment and
certificate of the private examination regularly enrolled, and the above Act
of Assembly prays the assurance given him by the said Act, and pleads the
same as conclusive, and in bar of the relief prayed for by the said complain-
ant in her said bill of complaint and prays the judgment of this Honorable
Court thereupon

And this defendant, not waiving his said plea, but wholly relying and in-
sisting thereon, for answer to the residue thereof, particulai interrogatories
in the said complainant's bill of complaint or to so much thereof as he, this
defendant, is advised is material, or necessary for him to answer all advan-
tages of exceptions to all and every the uncertainties and insufficiencies of
the said complaint now, and at all times saved and reserved, he, this defend-
ant answereth and saith that he does admit, that John Atkinson deceased,
first husband to the complainant was at the time of his death seised of the
several tracts or parcels of land set forth in the said bill, that he made such
will or devise of the whole real and personal estate to Ann Bissett the com-
plainant that in his life time he did obtain such special warrant of resur-
vey that after his death the said complainant obtained such renewment
thereof that the same was resurveyed in consequence thereof the said
vacant land added and the certificate thereof to the land office returned,
that after such resurvey the said Ann Bissett complainant intermarried
with the said David Bissett deceased This defendant further answering,
says, that he neither knows, nor has been informed or heard, that David
Bissett, after his intermarriage, did use any acts of persuasion, or did beat,
threaten, or in any other manner abuse, or use ill the complainant, in order
to obtain a conveyance of her lands, or any part of them, so far to the con-
trary, that he has been informed, that John Matthews at executing, advised
her to take the conveyances to the longest livers of her and her husband,
but that she declared the light should be absolute, and in his own person to
shew her regard and that Colonel Hall, at taking the acknowledgment, and
examining privately, advised her against it, and that he has been informed
by those who were present, that she quarielled with him thereupon, bid him
mind his own business, for, that he had no manner of concern with her's,
and that she would do it, advise her against it, who would, or words to that
effect And, that at the acknowledging the last deeds, she told Isaac Ris
teau's wife, and those present that she parted with her lands cheerfully,
and if she had the world she would give it to her husband The defendant,
further answering admits, that the several deeds mentioned in the said bill

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 159   View pdf image (33K)
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