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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 10   View pdf image (33K)
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10 WALSH v. SMYTH.
represented it to possess great advantages of water and navigation,
and to be situated in an increasing, populous and wealthy country;
and as evidences of the truth of those representations as to title,
quality, and situation, they exhibited to these plaintiffs a plot of a
tract said to contain seventy-two thousand seven hundred and fif-
teen acres of land on Tooglo river, purporting to have been sur-
veyed for Thomas Gilbert; one other plot of two adjoining tracts
of land, the one said to contain sixty thousand acres, granted to
John Blanton, on the 24th day of March, 1794, and the other said
to contain sixty thousand acres, granted to Freeman Lewis, on the
same day; and a third plot representing a tract of land surveyed
for John F. Gardner, and granted on the 21st of March, 1794,
twenty-one thousand acres of which in his name, and the re-
maining part in the name of Thomas Gilbert, granted day of
, 1795. A paper purporting to be an affidavit made before a
justice of the peace in Georgia, on the 18th of April, 1794, by a
person named Samuel Hollingsworth, stating that he was a chain-
carrier on a survey of lands laid out for Blanton and Lewis, which
he believed were vacant at that time. A paper purporting to be a
certificate given by Thomas Gilbert, on the 22d of August, 1794,
stating, that he had surveyed twenty-one thousand acres for John F.
Gardner, on the 1st of August, 1793, in Franklin county, and
that he believed the whole to be clear of elder surveys, and the
greater part to be of excellent quality; and another paper pur-
porting to be a certificate bearing date on the 26th of April, 1794,
from Peter Crawford, clerk of Columbia county, Georgia, stating,
mat John Blanton had resided several years in that county, and
that there never had been any judgment entered up, execution
issued, or mortgage recorded in that county, against him or Free-
man Lewis.
The bill further states, that to obviate all difficulty, Smyth and
Lynch offered to guarantee the title of the lands and to deliver
possession to the plaintiffs. Whereupon, the plaintiffs, on the
10th of July, 1794, contracted with Smyth and Lynch, for the pur-
chase of all the lands mentioned in the said three plots, containing,
in the whole, two hundred and seventeen thousand one hundred
and fifty acres, on the following terms, that is to say: that grants
for three tracts of the said land described on Thomas Gilbert's
plot, which had not been obtained, should be procured by them;
as also for four tracts described on John F. Gardner's plot; that
the whole of the said lands should be conveyed; and a resurvey


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 10   View pdf image (33K)
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