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268 Ralph Elston att his owne Dwelling house in the presence of Alexand.r Larremore & William Gaskin By Jonathan Sibrey sheriffe W.ch being read and heard The said Ralph Elston by Kenelm Cheseldyn his Attorney prayeth liberty of speakeing hereunto untill the next Court and it is granted unto and the same day is given to both partyes Afterwards to witt the fifth day of July in the Eighth yeare of y.e Dominion of the Right Hono.ble Charles Lord Baltemore &c Annoq Domini 1683 came aswell Thomas Burford Attorney Generall for the said Lord prop.ry as the said Ralph Elston by his Attorney aforesaid And the said Ralph Elston by his said Attorney sayth That neither the Letters Pattents aforesaid granted by the said Right Hono.ble the Lord Proprietary aforesaid of the aforesaid parcell of land called Byldon ought to be Revoaked or adnulled or the said land with the appurtenances be Seized into the hands of the said Lord Prop.ry or any parcell thereof protesting that the Letters Pattents aforesaid was Duely & Legally granted and obtained and that the matter untruely alleadged in the said scire facias is unsufficient to Vacate the same protesting also that the lives of the pattent of the said Francis Anktill in the said scire facias mentioned are the same as in the originall Certifficate first returned And that the originall Certifficate at the time of the grant to y.e sd Ralph was and is still remaineing upon record And that the certificate of late returnes by the said Coursey is farr different from the same And his oath to the same is according to the true intent of the orriginall survey twenty yeares after doth not nor ought not to Invalled the truth of the said record or to vacate any pattent of land taken up by direction of y.e same Hee thereby clearing himself from the misfeazance of his Office then of Surveyo.r For wch by Lawe he was answereable and if by Anktill neglected shall not now take advantage of his owne act to the prejudice of another Yett For plea sayth that the said land called Bildon in the said scire facias mentioned was legally taken up and pattented according to the conditions of plantation Noe former survey of the same nor title of any man appearing upon record The said Ralph makeing good Rights for the said land & surveying the same by his Lopps sworne officer & surveyo.r Directed & instructed by his Lopps said Records of land Office Which by Law is Full & sufficient record of instruction to his said Officers in Laying out land for any person in this Province according to conditions of plantation and a sufficient foreprizall of his said Lopp in granting the same according to the sd condition And that the said land called Bildon according to the conditions of Plantation was soe taken up and pattented & not surreptitiously obtained by any the falce suggestion in the said scire facias mentioned W.ch if true yet are not such materiall and important suggestions as to Vacate the said pattent his said Lopp being in nothing thereby deceived or prejudiced in his title vallue or restraint wch hee intended for his proffitt onely the said Francis in the said scire facias alleadged to be damnified Whose remedy lyes by accon att comon name in his owne name & not by scire facias in his Lopps name Whereby as a comon pson he pticipates of those rights and priviledges wch none by Lawe but his Lopp doth or Ought to Enjoy And this he is ready to averr as the Court shall award (And |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 268 View pdf image |
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