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40. the right which might have been perfected by the Grantee it may be received by the provision made for recording as the right to maintain an action of Ejectment might be lost and received I lay out of the case the length of time between the date of the deed and that of the petition for recording and the allegation of the grantor altering his mind of which there is an evidence and it is then the ordinary case of a deed being unrecorded without any fraudulent intention of the party claiming under it which is always presumed unless the contrary is made to appear It is the practice also on publication to decree the recording of papers purporting to be deeds acknowledged without requiring proof of the actual Execution. The publication is Certified to the Court in the usual way. The interest in the persons of the petitioners considered as property which is set up by some of the heirs is not such as is provided for by the acts on the subject It is thereupon this 28th day of July 1817 by William Kilty Chancellor and by the authority of this Court adjudged or direct and decreed that the deed of manumission filed with the petition and annexed hereto from Richard Darnall to Negroes Henrietta James, Nathan James, Benjamin James, Teresa, Araminta, Lotty, Henny, michael and Frank sons of Araminta, also negroes Giles, Clare, Ralph, Henny, Judea, Rachael Sam and Polly bearing date the 10th day of may 1805 be recorded or entered among the records of (the) |
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