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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 2951   View pdf image (33K)
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NOV. SESS.
      1810.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Chancellor to inquire
relating to
piece of land alleged
to be vacant,
&c.

                APPENDIX——RESOLUTIONS.

of the legislature he must lose a considerable tract of land, for
which his ancestors, or those under whom he claims, have regularly
paid the state the full value as prescribed by law.  The petitioner
represents, that his maternal grandfather, the late Edward
Johnson, by his last will, dated on the fourth day of October, in
the year seventeen hundred and sixty, devised all his lands to his
three daughters, Sarah, Anne and Rebecca; that a division thereof
was made pursuant to the said devise, and there was assigned to
Sarah, the mother of this petitioner, all that tract of land situate
on the west side of Elk river, in Cecil county, being part of two
larger tracts of land, the one called New Amster, and the other
called Purchase, as was then supposed; that the said Sarah died,
leaving the petitioner her sole heir, and that he hath made very
considerable improvements on the tract of land to which he thus
derived a title.  And the said Edward Wingate further states, that
upon a survey lately made by certain commissioners, appointed by
Cecil county court to mark and bound part of the lands of the said
late Edward Johnson, it hath been discovered, that a great part of
the tract of land called New Amster is not included within the
lines of that tract, as corrected and truly laid down, and that the
whole of the said tract of land called Purchase was laid, according
to the true calls of the survey, upon an elder tract of land called
Brereton, and consequently must be lost to the petitioner; but that
it has been also discovered, that there is a vacancy between the
lines of a tract of land called New Amster on the north, Elk river
on the east, St. John's Manor on the south, and Johnson's Addition
on the west, containing about one hundred and seven acres, the
whole of which the petitioner, and those under whom he claims,
always, until the present time, held and quietly enjoyed, as supposing
the same to be really and truly included under the surveys of
New Amster and Purchase; therefore, RESOLVED, That the chancellor,
on the application of Edward Wingate, of Cecil county, to
be made to him as judge of the land-office, be authorised to inquire
into the circumstances relating to the piece or parcel of land alleged
to be vacant in manner before mentioned, and if the chancellor
shall be of opinion, from the evidence offered to him, that the
said alleged vacancy hath been paid for and held by the said Edward
Wingate, and those under whom he claims, under a belief
that the same was really included under the surveys of New Amster
and Purchase as aforesaid, that then the right of the state to
the said alleged vacancy shall be granted and released unto the
said Edward Wingate, his heirs and assigns, and the chancellor
shall thereupon order a patent to be issued to the said Edward
Wingate for the said alleged vacancy, according to the metes and
bounds thereof, so that the same do not contain more land than
what the said Edward Wingate has lost by the erroneous surveys
New Amster and Purchase; therefore RESOLVED, That the chancellor,
on the application of Edward Wingate, of Cecil county, to
be made to him as judge of the land-office, be authorised to inquire
into the circumstances relating to the piece or parcel of land alleged
to be vacant in manner before mentioned, and if the chancellor
shall be of opinion, from the evidence offered to him, that the
said alleged vacancy hath been paid for and held by the said Edward
Wingate, and those under whom he claims, under a belief
that the same was really included under the surveys of New Amster
and Purchase as aforesaid, that then the right of the state to
the said alleged vacancy shall be granted and released unto the
said Edward Wingate, his heirs and assigns, and the chancellor
shall thereupon order a patent to be issued to the said Edward
Wingate for the said alleged vacancy, according to the metes and
bounds thereof, so that the same do not contain more land than
what the said Edward Wingate has lost by the erroneous surveys
before mentioned, provided nothing herein contained shall be construed
to affect the existing rights of any person or persons in and
to the said lands.

                                        No. 2.
    WHEREAS it appears to this general assembly, that Mountjoy
Bayly, a captain in the late revolutionary war, and who served to
its termination, did not receive the commutation money of five
years pay in lieu of the half pay for life promised to the officers


 
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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 2951   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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