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GEORGE PLATER, Esquire, Governor.
county, and was so patented: And whereas on the second day of
June, seventeen
hundred and fifty, a division of Baltimore county took place, by which
means the said tract of land was thrown into Frederick county, and the
aforesaid
deed of bargain and sale was, by mistake, acknowleged before two justices
of
Baltimore county, and recorded in the land records of said county, agreeable
to
the patent, instead of Frederick, where the land, in consequence of
the division,
was thrown: And whereas by sundry mesne conveyances, legally executed,
the
said tract of land is vested in Legh Master, his heirs and assigns, by
a deed from
the petitioner: And whereas also, by the said petition, it appears,
that a deed of
bargain and sale, on the sixteenth day of June, seventeen hundred and sixty,
was
executed by Henry Ambrose, conveying part of a tract of land lying in Frederick
county, in fee-simple, to a person by the name of Benjamin Swope, as also
that
two other deeds were respectively executed by Matthias Ambrose, junior,
and
George Matthews and Maria Barbara Matthews, on the eighteenth day of
March, seventeen hundred and sixty-one, conveying, in fee-simple, other
parts
of the said tract of land to the same person, by the name of Benjamin Swope:
And whereas also on the sixteenth day of May, seventeen hundred and sixty-one,
a patent issued from the land-office of this state to the said person,
under the
name of Benjamin Swope, for thirty acres of land in Frederick county, called
Beauty Spot: And whereas the real name of the said grantee and patentee
was
Benedict Swope, and not Benjamin: And whereas the said Benedict, being
in
possession of the said lands under the aforesaid deeds and patent, by his
real name
of Benedict Swope, on the seventh day of July, seventeen hundred and sixty-eight,
conveyed on the whole of the said lands, in fee-simple, to the petitioner
William Buchanan, who hath since conveyed the same, in fee-simple, to Legh
Master: And whereas it is just and reasonable that the prayer of
the said petitioner
should be granted, and the mistake of acknowledging and recording the
deed in an improper county, under the peculiar circumstances thereof, remedied,
and also any defects in any of the aforesaid conveyances, arising from
the misnomer
of the said Benedict, should be rectified; and there being no power or
authority in the high court of chancery, to remedy and aid the same, |
1791.
CHAP.
XXXIV. |
II. Be it enacted,
by the General Assembly of Maryland, That the deed of
bargain and sale heretofore, on the twenty-ninth day of November, seventeen
hundred and fifty-seven, executed to William Youg to Benjamin Arnold,
for
the conveyance, in fee-simple, of the land called Narrow Bottom, and acknowledged
before two justices of, and recorded in the land records of, Baltimore
county, be deemed and considered, in all courts of law and equity within
this
state, as valid and available as if the same had been recorded within the
time
prescribed by law, in teh land records of Frederick county, and acknowledged
before justices thereof. |
Deed deemed
valid, &c. |
III. And be
it enacted, That the aforesaid patent and conveyances to Benedict
Swope, under the name of Benjamin, be as valid and available, and shall
be so
taken and considered in all courts of law and equity within this state,
as if teh
same had been executed and conveyed to him under and by his real name of
Benedict Swope. |
Conveyances
made valid,
&c. |
IV. Provided
always, That nothing in this act shall be construed to affect
the right, title or claim, of any person whatever to any of the lands herein
before mentioned, other than the grantee and grantees thereof herein before
named, their heirs and devisees. |
Proviso. |
CHAP. XXXV.
A Supplement to an act for the relief of the securities of John
Beall, former collector of the public taxes for Prince-George's
county. |
Passed December
27. |
WHEREAS Humprhey Belt, Sarah Brookes, Richard Cramphin,
Leonard Deakins and Samuel Shekell, have presented their petition to
this general assembly, praying that the time for completing the collection |
Preamble. |
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