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120 His Lordpp the Lord Prop.ry of this Province sending his writt of scire facias to the sheriffe of S.t Maryes County which followeth in these words viz.t Whereas we have made inspection into the Records of one said Province of Maryland in our Secrys Office remaining wherein itt appeareth amongst other things that Cæcilius our late Father of noble memory the Eighteenth day of July one thousand six hundred forty two under the great seale of our said Province did Grant unto Thomas Gerard gentl a tract of land bounding upon the south with Potomeck River upon the West with Wiccocomico River upon the East with S.t Clements Bay & upon the North with a right line drawn from a Creek on Wiccocomico River called Gerards Creeke South Easterly to the nearest branch of a Creek in S.t Clements bay called the fresh Creeke And likewise three Islands the one in Potowmock River called S.t Clements the second in the mouth of S.t Clements bay called S.t Katherines Island & the third lying neer unto it in the mouth of Wiccocomico River called S.t Margaretts Island the said tract of land & Islands containing six thousand acres in the whole or thereabouts Upon such consideracon & under such rents & provisoes as in the same is expressed & reserved And for that upon Informacon that the said Grant to the said Thomas Gerard granted in the lines thereof doth not comprehend above foure hundred acres of land but that the lines of the said land are cleerly mistaken & yett under colour the said Thomas Gerard in his life tyme & those that claime under him since his death have hold as their own land a very great quantity of land by which we & our said Father have bin deceased of our rents for the surplusage lands more then the six thousand acres menconed in the said Patent And we being willing that the truth of the p.rmisses should be fully discovered have caused the said tract of land to be Resurveyed & laid out a new by John Manley gentl deputy Survey.r hath made returne of the Resurvey under the hand into our said Office that the said tract of land containeth Eleven thousand foure hundred acres By which itt is evident & apparent that our said Father of noble memory hath bin deceided in the said Grant & that Patent for the same was unduely illegally & surreptitiously obtained to the disinherizon of us & our heyres And the said Tho Gerard being deceased & the possession of the p.rmisses being in Justinian Gerard gentl sonn & heyre of the said Thomas decd (Wee) |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 120 View pdf image |
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