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136 SALMON v. CLAGETT.
the court in the first instance, whether the special matter urged by
it, did not debar the plaintiff from his title to that answer which
The plea and answer of James Bissett, of Baltimore county, attorney at law, to
the bill of complaint of Ann Bissett complainant.
The defendant by protestation, not confessing or acknowledging all, or any of the
matters and things in the complainant's said bill of complaint contained to be true,
in such manner and form as the same are therein alleged and set forth, except in so
far as after admitted and acknowledged in the particular answer inserted; as to so
much of the said bill of complaint as prays relief, in this honourable court, against
the several deeds for conveying the lands in said bill of complaint, and after recited
as fraudulently, or unfairly obtained, executed and acknowledged; and extorted by
duress without any consideration paid, or if paid, immediately returned. This de-
fendant pleads thereto, and for plea saith; that David Bissett, deceased, and the said
Ann Bissett, the complainant, his wife, by their deed of lease, executed by them
and dated the fourteenth day of June, A. D. seventeen hundred and fifty-five, for
the consideration of five shillings sterling, paid them, did grant, bargain and sell to
John Matthews, of Baltimore county, gent, all the several tracts or parcells of land
some time in the possession of John Atkinson, deceased, first husband to the said
complainant; and which by his last will and testament, duly proved and recorded, he
devised to the said Ann Bissett, the complainant, in fee, situate, lying and being in
Baltimore county, on or near Bush river and Rumney creek, and called severally by
the following names, viz: Broad Neck, Clement, and Clement's Den; and by a re-
survey thereon made by the said John Atkinson, in his life-time, collectively called,
Atkinson's Purchase, also Dogwood Ridge, Parker's Folly, Barker's Choice, The
Marsh, and ten acres of Natty's Island, which had been lately resurveyed, in the
name of the said Ann, the complainant, and collectively called by the name of
Rumney Marsh, containing eleven hundred and eighty-four acres of land, less or
more; and the reversion and reversions, remainder and remainders; issues and pro-
fits of the same; to have and to hold the said tracts or parcells of land unto the said
John Matthews, his executors, administrators and assigns, from the day next before
the date of the said lease for one whole year ensuing, yielding and paying therefor,
to the said David Bissett and Ann his wife, the complainant, the rent of one ear of
Indian corn, at the end of the said term, if demanded; to the intent, that by virtue
of the said lease, and the statute for transferring uses into possession, the said John
Matthews might be in the actual possession, and thereby enabled to accept a grant
and release of the reversion and inheritance thereof to him and his heirs and assigns
forever. Which deed of lease was signed, sealed and delivered by the parties in
presence of Samuel Howard and Thomas Newlands, bears endorsed a receipt of the
consideration money, witness Samuel Howard, with a certificate bearing date the
twelfth of November, seventeen hundred and fifty-five, by Robert Adair and John
Hall, justices of the peace, of the parties having regularly acknowledged the said
lease and instrument of writing to be their act and deed; and is, with said certifi-
cate of acknowledgment regularly recorded as the said certificate thereof, endorsed
signed by the clerk; also bears, that upon the sixteenth day of June, A. D. seven-
teen hundred and fifty-five, the said David Bissett, deceased, and Ann Ms wife, the
said complainant, by their deed of release, for the consideration of five hundred
pounds sterling money, acknowledged in the said deed of release to be paid them,
did grant, bargain, sell, alien, release, enfeoff and confirm unto the said John Mat-
thews, in his own actual possession then being by virtue of the above lease, and
also by virtue of the statute for transferring uses into possession, all the above men-
tioned tracts or parcells of land therein, and above particularly recited, and the
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