At a SESSION of the GENERAL ASSEMBLY
of MARYLAND, begun and held at the
City of
ANNAPOLIS, on Tuesday the tenth of April, and
ended the twenty-sixth day of May,
in the year
of our Lord one thousand seven hundred and
eighty-seven, the following LAWS were
enacted:
WILLIAM SMALLWOOD, Esq; Governor. |
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CHAP. I.
An ACT for quieting the estate of William Carmichael in Rousby's
Recovery, and confirming his title to the same. |
Passed May
15. |
WHEREAS John Brown and Richard Carmichael, of Queen-Anne's
county, in behalf of William Carmichael, by their memorial, have
set forth, that the reverend James Sterling, of Kent county, deceased,
being in his life-time seized of several tracts or parcels of land, to
wit, Huddle's
Right, Rushmore, and part of Rousby's Recovery, containing five hundred
acres, did, for a valuable consideration, convey the two first named tracts
to John
Gresham, and the title to the same being thought suspicious, the said James
Sterling, on the same day, conveyed the said five hundred acres of Rousby's
Recovery
to the said John Gresham, for the consideration of five shillings, as a
security
for the purchase money for the said two first named tracts, and the costs
and
expences which might be incurred in defending the title in case a suit
or suits
should be brought for the recovery of them, or either of them; that the
said
James Sterling continued in possession of the said five hundred acres of
Rousby's
Recovery until his death, which happened in November, seventeen hundred
and
sixty-three, and by his last will, duly made and attested, devised to his
only
child, Rebecca Sterling, and her heirs, the said part of Rousby's Recovery,
who
afterwards intermarried with the said William Carmichael, and died
under age
and without issue; that an ejectment was brought against the tenant
in possession
of the heir of the aforesaid John Gresham, by the person claiming a right
to the
said tract of land, called Huddle's Right, paramount the title of the said
James
Sterling, and a recovery was had of the said tract of land, and the heir
of the
said John Gresham deprived of the possession thereof, whereby the said
William
Carmichael became liable to pay the sum of two hundred and seventy-five
pounds
four shillings and four-pence, being the amount of the purchase money for
the
said land, called Huddle's Right, and the costs and expences which had
been
incurred in defending the said land, and with the payment of which
the said
part of Rousby's Recovery was burthened by the said deed of mortgage, or
indemnification,
given by the said James Sterling to the said John Gresham; that
the said money was actually paid by the memorialist, John Brown, on behalf
of William Carmichael; that the said William Carmichael and his agents,
ever since his intermarriage with the said Rebecca, have peaceably and
quietly
possessed and enjoyed the said part of Rousby's Recovery, and that the
memorialists, being apprehensive that the said land might be subject to
the
act of confiscation, the heirs, if any, of the said James Sterling, being
British
subjects, and desirous of securing the same for the said William Carmichael,
did make discovery thereof to Daniel of Saint Thomas Jenifer, Esquire,
with a view of acquiring the preference of purchase, if the said William
Carmichael's title should be defective in law and equity; that in consequence
of the said application, the said land was sold to the memorialists, and
valued at one thousand eight hundred and seventy-five pounds current money,
and
bond given, payable to the state, for one thousand and sixty-six pounds
ten shillings
and six-pence, being the balance after deducting one third for the discovery,
and the said sum of two hundred and seventy-five pounds four shillings
and four-pence,
paid to the administratrix of Richard Gresham, son of the said John,
by |
Preamble. |
P
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