Watkinson v. Collins

THIS was an ejectment for “ that tract or parcel of “ land called Marrón, lying on the east side of Chesapeake “ Bay, on the north side of a river in the said bay, called “ St. Michael's River, in the County of Talbot, next ad- “ joining to the land formerly taken up by Henry Morgan, C£ deceased, called Morgan! s St. Michael's, beginning at the “ eastermost bounded oak of his the said Morgan!s former ££ land, and running S. and by E, up the river to a creek <£ called Champ's Creek, bounding on the S. by a line “ drawn E. up the said creek, for length 320 perches, on “ the E. by a line drawn N. and by W. from the end of the i£ E. line, until it intersects a parallel drawn from the said “ Morgan's former land, on the N. with the said land and “ parallel, on the W, with the said creek, containing and “ laid out for 130 acres more or less.” At April Term, 1681, “ The Court finding it necessary < £ that the said 130 acres of land called Marrón be laid out ££ according to the known ancient bounds thereof by some ££ skilful person, by the discretion of the neighbourhood, ££ that are most knowing thereof; and that after the said “ surveyor, with the direction of the neighbourhood, hath ££ run out the lines thereof, they may return a fair plot and ££ certificate thereof to the next Provincial Court, so that, ££ upon perusal and viewing thereof, and hearing Avhat can ££ be said on both sides, the Court may do therein what to “justice appertains. It is therefore by the Court ordered, “ that Richard Peacock, gentleman, deputy-surveyor of “ Talbot County, be and is hereby especially appointed, “ empqwered and commanded to lay out the aforesaid par- “ cel of land in the presence of the sheriff of the said “ County, Avhich said sheriff is hereby empoAvered and ¹³ u commanded to summon and impanel a Jury of twelve “ good and honest men of the neighbourhood to go upon C( the said land, and to summon and examine witnesses <c upon oath, that the truth of the matter, and the bounds of “ the said 130 acres of land, may be fully discovered; and “ the said R. P. is hereby ordered to run the lines accord-<c ing to the patent and the direction of the Jury, and to re- “ turn a certificate of his proceedings herein, and a fair “ plot of the land in question to the next Provincial Court, “ or that so his Lordship’s Justices being fully informed “ of the truth of the premises, may do therein as to justice H appertains, and the same cause is continued until the “ next Provincial Court. At the next Court, (October, 1681,) the surveyor made return to the Court, that he had “ laid out and resurvey- u ed part of the said land called Marrón., in the presence of ‘‘ the sheriff of Talbot County, and of twelve men impa- “ nelled by him upon a Jury for that purpose, beginning at “ a marked oak near the end of the S. line-of a parcel of “ land called Margar? s St. Michael’s, and running thence S. by E. 160 perches to a creek called Champ’s Creek, “ to two barked cedars. And whereas in the patent for w the aforesaid land of Marrón it is expressed, ‘ bounding “ ‘ on the S. with a line drawn E. up the said creek, 320 “ ‘ perches,’ the jurors aforesaid being not agreed upon u the running out the said line, by reason of the words up “ the said creek, part of them being for running the said “ line E. and the rest for running up, but not over the “ creek; at Champ’s Creek aforesaid we ended this re? survey, and thereto the surveyor and jurors aforesaid “ set their hands and seals.” The plaintiff’s attorney then moved the Court for a renewal of the commission of resurvey, and that the surveyor might be ordered to run the same according to the lines mentioned in the patent in the presence of a Jury of the neighbourhood.

It was therefore ordered, that the said surveyor lay out and resurvey the said land called ¹⁴ Marrón, in the presence of the sheriff, who was to summon und impanel a Jury as aforesaid, &c. and the surveyor was ordered to run the lines and courses in the said patent for the said land called Marrón, and also the imaginary lines, and to run out the true lines of the said creek called Champ’s Creek, and to return a certificate of his proceedings, and a fair plot of the land in question, and the creek aforesaid to the next Provincial Court, &c. attested as well under the hand and seal of the said surveyor as of the sheriff and jurors aforesaid. At the next Court, (February, 1681,) the surveyor made return, 44 that in the presence