Savory's Lessee v. Whayland

EJECTMENT for a tract of land called Cabin Neck Enlarged, lying in Baltimore County, containing 124 acres. At the trial of this cause at the Assises, the defendant demurred to the evidence offered by the plaintiff. The plaintiff, by his counsel, in order to prove his title, produced and offered in evidence only a grant under the great seal to William Savory for Cabin Neck Enlarged, bearing date the 16th of March, 1754, reciting, 44 that “ whereas William Savory, of Baltimore County, by his 44 humble petition to our agent for management of land 44 affairs within this Province, did set forth, that he was 44 possessed of a certain tract of land called Cabin Neck, 44 lying and being in the County aforesaid, on the 28th of 44 April, 1688, surveyed and laid out for a certain Samuel 44 Collett, for 100 acres under old rent, which said tract, by 44 sundry conveyances and mutations of possession became 44 the right of the petitioner, who had lately discovered i4 some vacant land contiguous thereto, and being desirous 44 to add the same, humbly prayed a special warrant to 44 resurvey the aforesaid tract for that intent and purpose, 44 and that, on return of a certificate of such resurvey, he 4i making good rights to the vacancy added, and complying 44 with all other requisites usual in such cases, might have 44 our grant of confirmation issue unto him thereon, which 44 was granted him, and accordingly a warrant, on the 26th 44 of June, 1752, unto him for that purpose did issue. In 44 pursuance whereof it is certified into our land-office, that 44 the aforesaid tract or parcel of land is resurveyed, by ²⁰⁷ il which it appears the same now contains only the qüan- “ tit}' of 70 1-4 acres, so that there appears to be a defi- “ ciency of 29 3-4 acres, and that there is the quantity of a 53 3-4 acres of vacant land added, 29 3-4 whereof is ap<c plied to make