Joseph PLUMMER, planter, late of Frederick County but now in Berkeley Co, VA (WV), owned tract, "The Land of Promise", 1,777 acres; but conveyed 150 acres to Samuel WATERS (son-in-law of PLUMMER) who occupied said land for several years. In 1781, Waters sold 90 acres of this section, near the top of the hill on the south side of Bush Creek, to George CHANDLER of Montgomery County; said section adjoined part of "The Land of Promise" which was conveyed by Plummer to John COWMAN. In Sep 1782, Waters sold to George LUTHER, part of "Land of Promise, 101 acres, conveyed to Waters from Plummer, lying next to Edward CROW's and, on 4 March 1783, Plummer executed a deed to Luther for this land without mention of the Samuel Waters' transaction. George Luther claimed Plummer also executed a deed to Chandler for part purchased from Waters on 6 March 1781 whereby part of the metes and bounds were incorrectly stated. In 1787, Chandler sold, to Peter SHRINER, his parcel from Waters, at which time Luther discovered the mistake and approached Chandler regarding a correction of this; but Chandler refused and Shriver/Shriner also refused. George Chandler stated his deed was the earlier deed and the mistake was thus on the latter deed and he knew nothing about any agreement of land having to adjoin Cowman's land; but only that a mill seat was to be included which it was. Testimony given by Moses PLUMMER, chain carrier. Plat shows parts of "Land of Promise" owned by John COWMAN, lying next to Adam CLAY's part which adjoins George LUTHER's part, and CHANDLER and SHRINER's part (also shows overlapping between Chandler and Luther's sections). Surveyed by William BALLINGER, but not dated.(dismissed)
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