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269 And therefore demands Judgment and prayeth that the said Letters Pattents to him the said Ralph may be rattified and confirmed And the said Thomas Burford Attorney generall of the said Lord Prop.ry who for the said Lord Proprietary who for the said Lord Proprietary in that behalfe prosecuteth sayth That the said Ralph Elstons pattent for that parcell of land called Byldon was surreptitiously & illegally obtained & therefore ought to be made null and voyd And thereof prayeth Judgment of the Hono.ble Court And the said Ralph saith as in his Plea aforesaid That the said letters Pattents for the said Tract of land called Bildon ought not to be vacated & adnulled for the matters in the said scire facias untruly alleadged And that the same was duely and legally obtained & granted according to the conditions of Plantacons as in his plea he hath alleadged And this he prayes may be enquired of by the Country And the said Attorney Gen.ll likewise Itt is therefore comanded the sheriffe of S.t Maries County that he Cause to come here Twelve &c by whome &c and who neither &c to recognize &c because aswell &c On wch said Fifth day of July in the yeare aforesaid came aswell the s.d Thomas Burford Attorney Generall for the said Lord Proprietary as the said Ralph Elston by his Attorney aforesaid before his Lopps Justices here where were present The Hono.ble Collonell Vincent Lowe Collon.ll Henry Darnall Collon.ll William Digges Collon.ll William Burges Maj.r Nicholas Sewall & M.r John Darnall Justices and the Juro.rs impannelled being called likewise came to wit Philip Lynes Richard Keene John Hungerford Richard Royston John Power Samuel Dobson John Wilkenson Thomas Stonestreet James phillips Stephen Murty Dennis Hurley and Hugh Hopewell Who to say the truth in the premisses being elected tryed and sworne Upon their oathes doe say That the lynes of Francis Anktills land called Anktill ought to runn according to the survey made by Majo.r William Coursey and entered in his booke of Surveys and since by him resurveyed as p Certifficate bearing date May y.e 23.th 1679 and not according to the pattent and old certifficate bearing date August y.e 22.th 1659 And that soe much of the Land of Ralph Elston called Byldon as is within those lines of Anktills mentioned in the said Certifficate and certifficate of Resurvey belongeth to the Land of the said Anktill & not any more thereof Which verdict of the Jurors aforesaid being Read The Court [illegible] to give their Judgment thereupon untill they adjourned (being now a Court at comon Lawe) and satt as a Court of Equity And afterwards upon the said fifth day of July 1683 aforesaid in the s.d Court of Equity before the Justices there where were present The Hono.ble Collonell Vincent Lowe Collonell Henry Darnall Collonell William Burges & Majo.r Nicholas Sewall Came as well the sd Thomas Burford Attorney Generall for the said Lord Prop.ry as the said (Ralph |
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Chancery Court, Chancery Record, 1671-1712
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