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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 257   View pdf image (33K)
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Acts. 257


Complyed with so that it is apparent that the decree of the High
Court of Chancery for Vacateing the said pattent was irregular
unjust and with Out the least foundation And whereas the said
John Beall who Intermaried with the said Elianor and had Issue
the said Richard in the year Seventeen hundred and five and the sd
Elianor brought their Ejectment in the Provinciall Court of this
Province and had a speciall Verdict against one Edward Diggs
Gent who Claimed the said Land findeing all the facts herein before
menconed, Whereupon the said Edward to prevent a Judgement
being Given thereon procured an Injunction Out of the then high
Court of Chancery to stay proceedings at Law untill a Reversall
should be of the former Decree Given for the Vacateing the Grant
of Durham which the said Chancellor instead of doing on a hearing
and rehearing of the Cause gave a further Decree agt the said Jno
Beall and his wife for the Affirmation of the former decree with out
the least Couler reason or Justice and discouraged the said Jno Beall
from prosecuting a Review by Giveing out that he would not Call
himself fool by reversing his own decree. And whereas it is Rep-
resented and Proved to this Generall Assembly that the said
Elianor is since the said Decrees departed this life that it is disputable
whether the said decrees being of so long standing Can by the Ordi-
nary rules of the Court of Chancery be reverst after the Death of the
Parties to them and that the said Pattent being Vacated is not Suffi-
cient Evidence to recover by at Common law so that It seems Imprac-
ticable for the said John Beall and Richard Beall to recover their
right tho' unjustly wthheld from them by the Comon Rules and Prac-

Liber LL, 4
Acts

tice of the Courts of Law & Equity, and That it is thought unreason-
able haveing a right thereto that they should be deprived of a remedy.
Wherefore it is prayd that it may be Enacted And Be it Enacted
by his Lordship the Right Honourable the Lord Propry by and with
the Advice and Consent of the uper and lower houses of Assembly
and the Authority of the same that the said Jno Beall Dureing his
Naturall life and the said Richard Beall and his heirs and Assignes
for Ever shall and may by Vertue of this Act have hold and Enjoy
as full & ample and Clear an Estate in the said tract of Land Called
Durham as they or any of them should Could or might have if the
said Grant thereof had never been Vacated or Cancelled any decree
or Judgment in any Court of Law or Equity to the Contrary not-
withstanding, And that the Sherriff of Charles County shall and may
by Vertue of this Act put the said John into full and Quiet possession
of the said tract of Land with its Appurtenances, And whereas the
said Jno Beall has been at an Insupportable Expence in the Vindica-
tion of his right to the pmesses to the almost uter Ruin of himself
& family notwthstanding the Justice of his Cause and that it may be
disputable whether he be not Barred of recovering his damages by
the said Severall decrees Wherefore it is thought reasonable to
18

p. 442



 
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Acts of the General Assembly hitherto unpublished 1694-1698, 1711-1729
Volume 38, Page 257   View pdf image (33K)
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  << PREVIOUS  NEXT >>


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