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JOHN EAGER HOWARD, Esq; Governor.
Mary his wife, trustees aforesaid, to compel them to make partition
of the said
land, and to compel the said Edward Oldham and Mary his wife, trustees
aforesaid,
to sell all the right, title and interest, of the said Jacob Ensor, deceased,
in and to the said tract or parcel of land thus mortgaged as aforesaid,
to pay and
satisfy the principal sum of money and interest due on the said mortgage,
which,
by reason of the said land being held in common and undivided, would
not produce
a sum of money nearly sufficient for that purpose, but that the said
Charles
Carroll was willing and offered to accept one fourth part of the said land
thus
held in common, if he could procure a title to hold it in severalty, and
be
thereby enabled to dispose of it on credit to the best advantage, in lieu
of and
in full discharge of all right, title and claim, to the residue of the
said tract of
land, which he had, or might have, in virtue of the mortgage aforesaid;
but
inasmuch as the process of the courts of this state do not extend to compel
a
legal partition of the said tract of land thus held in common, (a considerable
part thereof lying in the state of Delaware) and there being no person
vested
with power to consent on the part and behalf of the said idiot to the proposition
aforesaid, made by the said Charles Carroll, which the petitioners allege
would
be to the advantage of all persons interested to accept, and that it is
the wish
and desire of all persons holding the said tract or parcel of land in common
as aforesaid, that a law should pass to enable them to make a legal partition
of
the same, to hold in severalty their respective parts thereof, and to vest
in the
said Charles Carroll, and his heirs, an indefeasable estate of inheritance
in fee-simple,
in severalty, in one fourth part of the said tract of land thus held in
common, in lieu of and in full satisfaction and discharge of all right
and title
that he has, or may have or claim, in virtue of the said mortgage herein
before
mentioned; therefore, |
1789.
CHAP.
XVI. |
II. Be it enacted,
by the General Assembly of Maryland, That the chancellor
of this state for the time being, shall be and he is hereby invested with
full jurisdiction and authority to issue his commission in the cause aforesaid,
now
depending in the said court of chancery, to two persons residing in this
state,
who, in conjunction with two other persons residing in the state of Delaware,
when a similar law shall pass the legislature of that state duly authorising
and
appointing two such persons for that purpose, shall be and are hereby declared
commissioners to make partition of all that tract or parcel of land called
Bohemia
Manor,. lying and being in Cæcil county, in this state, and in Newcastle
county,
in the state of Delaware, now in the possession and occupation of Peter
Lawson,
Joseph Ensor, Edward Oldham and Mary his wife, who hold the same in common
and undivided. |
Chancellor to
issue his commission,
&c. |
III. And be
it enacted, That the said four commissioners so to be appointed
as aforesaid, or any three of them, shall have full power and authority
to survey,
or cause to be surveyed, the said tract or parcel of land, and every part
thereof,
in the possession of the said Peter Lawson, Joseph Ensor, Edward Oldham
and
Mary his wife, or their tenants, or other person or persons claiming
under them,
or either of them, and to make partition of the same in four parts, equal
in value to each other; and the said commissioners, or any three of them,
are
hereby required and directed, after having made partition of the said land
as
aforesaid, if the said Charles Carroll, Peter Lawson, Edward Oldham and
Mary
his wife, cannot otherwise agree upon an allotment of the said parts, to
designate
the several shares or portions of the said Charles Carroll, Peter Lawson,
Joseph Ensor, Edward Oldham and Mary his wife, by casting of lots, and
to
assign two fourth parts thereof so allotted to the said Peter Lawson, to
be held by
him in severalty, one other fourth part thereof to allot and assign in
manner
aforesaid to the said Charles Carroll, to be held by him in severalty,
and the residue
of the said land, so divided, to allot and assign to the said Joseph Ensor,
Edward Oldham and Mary his wife, in the following proportions, to wit:
As
to such part thereof as lieth in this state, to be held by the said Joseph
Ensor in
severalty, and as to such part thereof as lieth in the state of Delaware,
one
moiety to be held by the said Joseph Ensor in severalty, and the other
moiety to be
held by the said Mary and Edward Oldham in right of the said Mary in
severalty. |
Commissioners
to survey
a tract of land,
&c. |
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