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CHAP. 273.
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to wit: Peggy, Molly and Elizabeth, that said commis-
sioners, after taking the oath required, proceed at the
time appointed, in the presence of all parties interested,
to make said division, by first allotting to the widow
a portion of said lands, and then dividing the residue
of said lands between said three daughters; that in
making said division, said commissioners were unable
to make them all of equal value, and to make up the
difference in the value of said lots, did adjudge and
determine, that one of the parties who had the lot of
the greatest value, should pay to the others the several
sums ascertained by said commissioners, to be the dif-
ference in the several allotments, and made a report of
their judgment and proceedings under said commission
to said court at the May term thereof, eighteen hundred
and twenty-eight; that said report was at the return
thereof, ordered to be subject to objections until the
second day of the next term; that no objections have
ever been made to said report; that the parties
were all present at the time of said division, and
assented to the same, as made by said commission-
ers, and afterwards severally took possession of the
several shares allotted to them, that some of said par-
ties have sold the lands allotted to them, others have
lessened the value of the shares allotted to them, by
selling part and cutting the timber off the other part,
and the others have made considerable improvements,
by building, clearing and ditching, and otherwise;
mat two of said daughters, to wit: Peggy and Molly,
have died, leaving several children, that more than
twenty-three years have elapsed since said division
was made, that said report has never been finally
ratified by said court, and doubts are entertained whe-
ther said commissioners did not exceed their authority
in adjudging that one of said parties should pay to the
others the difference, in money of the value of said
several allotments, and also, whether said court, or the
Circuit court, is now authorised under the existing laws
to ratify and confirm said report; And whereas, it is
also represented, that the several sums of money ad-
judged by said commissioners to be paid, to make said
division equal, have all been paid to the parties enti-
tled to receive the same, and the possession of said
several allotments has been held, and the exclusive
title therein claimed by said parties to whom they
were allotted, and those claiming under them, for up-
wards of twenty years since said division was made; it
is but just and equitable that the titles of said parties,
and those claiming under them, should not, after such
a long lapse of time, be disturbed; Therefore,
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