Ancestors of Gary and Ardis Dahlstrom Morrison

Whereas Edward Kitton by his humble Petition to this Present Generall Assembly hath set forth that the said John Gray did bargain & sell unto Theophilus Kitton father to the said Edward Kitton by his deed of bargaine and Sale bearing date the Sixteenth day of November 1699 duly made Executed and Acknowledged for the Consideration therein Mencond a Certain Tract of Land Called Grays Luck Cont^g three hundred & Sixty one Acres Lying then in Baltemore County but now in Ann Arundell County and further the said Edward Kitton hath set forth that upon Inspecting into his papers relating to his Title to the said Land discovered that the deed af^d hath never been Recorded for want of which the said Edward Kittons title to the said Land is Defective, the Act of Assembly of this province Entituled An Act for Quieting possessions Enrolling Conveyances and Secureing the Estates of purchases being obligatory and all purchasers to Record their deeds within Six Months from the date of the Executing thereof or that no Lands by the said Act shall pass by such Deeds and the said Edward Kitton Likewise hath set forth that it is not in his Power to gett any Confirmation of his title to the said Land from the said John Gray or his heirs there being none of them as he the said Edward Kitton Knows of to Apply to.

And for as much as the said Edward Kitton hath made Appear to this Generall Assembly the Severall Allegations by him above in the Premisses Alledged to be true it is humbly prayd that it may be Enacted.

And be it Enacted by the R^t Honble the Lord Prop^ry by and with the Advice & Consent of his Lordships Govern^r and the Upper and Lower houses of Assembly and the Authority of the same that the said Deed shall be Deemed had & held as Effectual in Law to all Intents Constructions & Purposes whatsoever as if the same Deed had been duly Recorded According to the Directions of the Act of Assembly af^d any thing in the said Act or any Other Law Statute or useage to the Contrary notwithstanding.

Provided that the said Edw^d Kitton his heirs or Assignes shall procure the same deed to be Recorded in the Land Records of Ann Arundell County within Six Months after the End of this Present Sessions of Assembly Saveing to his Most Sacred Majesty the R^t Honble the Lord Prop^ry their heirs & Successors and all bodys Politick and Corporate and all Others not menconed in this Act their Severall and Respective Rights.

Your Petitioner also further Shews that a Certain John Howard Son of Benjamin hath this Day taken away from your Petinioner a great part of the Cornfield belonging to & in your Petitioners Land, and this by Virtue of a Resurvey made about nine or Ten years ago, to the great Damage of your Petitioner.

Whereas Francis Swanson by his Deed of Bargain and Sale for the Consideration therein mentioned which he had and Received bearing Date the Fifteenth Day of March in the Year of our Lord God Sixteen hundred and Ninety four sold and Conveyed unto the said Thomas Plumer a parcell of Land formerly lying in Calvert County but now In Prince Georges County Containing one hundred Fifty acres and being part of Swansons Lott which Deed was Indented and Duely acknowledged but not Recorded according to Act of Assembly and that the said Francis is Either Dead or Departed this Province so that he Cannott be found to Confirm the said Sale or Supply the Defect of Recording the said Deed.

Be it Enacted by the Right Hon^ble the Lord Proprietor by and with the advice and Consent of his Lordships Governeur and the Uper and Lower Houses of Assembly and the authority of the Same That the said Deed and Every article Clause and Covenant therein shall be as Good Effectual and valid in Law to all Intents Constructions and purposes whatsoever as if the same had been actually Recorded according to the Express Laws of this Province any Law Statute Useage or Custome to the Contrary notwithstanding.

Provided that the said Deed shall be Recorded in Prince Georges County Court within six months from the End of this Sessions of Assembly, Saveing to the Lord Proprietor his heirs and Successors and all bodies Pollitick and Corporate and all others not mentioned in the within bill Particularly the Heir at Law of John Gerrard late of Prince Georges County Gentleman Deceased their Severall and Respective Rights.

Page 598

Page 582  Thomas Plumer Plantiff: Jonathan Bryar Defendant

Thomas Plumer by William Stone his attorney brought his Majesties Writt against the Defendant in a Plea of Tresspass upon the case it being for Eight hundred pounds of Tobacco due upon account as by Declaration Filed and accompt here Entred may appear.

December the 23 1698 Jonathan Bryar Debtor to Thomas Plumer.

And the Said Jonathan Bryar by Joshua Cecell his Attorney comes and defends the force and Injury when etc. and Prayeth Licence thereof to imparle here untill the Next Court and it is granted unto [him] The Same Day is given to the Plantiff Likewise Att which day (to witt) the 26th day of September Annoque Domini 1699 came as well the Said Thomas Plumer as the Said Jonathan Bryar by their attorneys aforesaid and the Said Thomas Plumer by William Stone his attorney prays that the Said Jonathan Bryar to his Declaration aforesaid may answer.

And the Said Jonathan Bryar by Joshua Cecell his Attorney comes and defends the force and Injury when etc. and Saith that he did not assume in manner and forme [491] and putts himselfe upon the Court. Joshua Cecell.

And the Plantiffe allso. William Stone.

Whereupon the Court haveing read and Fully understood the Alligations of the Parties on both Sides and the Wittnesses on both Sides being fully heard by the assent of the Parties aforesaid Therefore it is considered by the Court that the aforesaid Thomas Plummer recover against the aforesaid Jonathan Bryar Defendant as well the Sume of Eight hundred pounds of Tobacco his Debt aforesaid as allso the Sume of two hundred forty four pounds of Tobacco Costs of Suite to the Said Plantiffe of his assent by the Court here adjudged and that the Said Jonathan Bryar be in Mercy.

Page 590  Thomas Wells Sworne for Jonatha[on] Bryar against Thomas Plumer.

And now here att this Day (to witt) the 27th day of June Annoque Domini 1699 before the Justices of our Sovereigne Lord the King att Charles Towne aforesaid came the Said Jonathan! Bryar in Custody of the Sheriffe of Prince Georges County and being brought to Barr in his Propper Person Presently it is demanded of the Said Jonathan Bryar how hee would acquitt himselfe of the Premises above Imposed upon him.

And the Said Jonathan Bryar cometh and defendeth the Force and Injury when etc. and conffessed the Fact and humbly Submitted himselfe to the Court.

Whereupon all and Singular the Premisses being Seen and understood it is considered that the Said Jonathan Bryar bee committed into the Custody of the Sheriffe and it is Commanded the Sheriff to have the Said Bryar to the Whipping Poast and there to give him twenty five Lashes well Laid on, and Further it was ordered that the Said Jonathan Bryar Pay unto Thomas Wells two hundred pounds of Tobacco it being four fold allowed him according as the Law directs in that case and to remaine in Custody till Security given in five pounds Sterling Each of them for his good behaviour and for his appearance the next Court and for all Fees due to the officers of this Court.

And now here att this day to Witt the 27th day of June 1699 came the Said Jonathan Bryer and acknowledged himselfe to bee indebted to our Sovereigne Lord the King in the Just Sume of five pounds Sterling money of England Togather with Thomas Wells his Security and the Said Thomas Wells did acknowledge himselfe to be Indebted to our Sovereigne Lord the Kings use if the Said Jonathan Bryar Shall not appear at the next County Court to be held the fourth Tuesday in August next at Charles Towne and in the mean time to be of good behaviour as well towards our Sovereigne Lord the King as all the good people of this Province and Espeacially the Justices and officers of this Court.

And now here att this day to witt the 27th day of June Annoque Domini 1699 before the Justices of our Sovereigne Lord the King att Charles Towne aforesaid came the Said Elizabeth Plumer in Custody of the Sheriff of Prince Georges County and being brought to Barr in her Propper person presently it is demanded how She would acquitt herselfe of the premisses above imposed upon her.

And the Said Elizabeth Plumer by William Stone her attorney Espeacially admitted by the Favour of this Court comes and defends the Force and Injury when etc. and for plea Saith that She is not Guilty thereof and thereof for good or Evell putts her Selfe upon the Country.

William Stone for the Defendant.

And Joshua Cecell for his Majesty allso.

Therefore it is Commanded the Sheriff that without delay he cause to come here twelve etc. by whom etc. to recognize etc. because as well etc. and now here at this day that is to Say the 27th day of June Annoque Domini 1699 came Joshua Cecell for his Majesty as the Said Elizabeth Plumer by her attorney

Josias Towgood, foreman, John Ramsey, Hugh Williams, William Ophett, Richard Groome, William Coghill, William Hill, Phillip Lewin, John Wattkins, John Lenham, Jonathan Simmons, Thomas Cleggett. Who to Speake the truth concerning the Premises being Elected tryed and Sworne doe Say upon their Oathes that the Said Elizabeth Plumer is not Guilty of the Premisses above in forme as in the Indightment aforesaid above is Supposed against her.

Whereupon all and Singular the Premisses by the Court being Seen and understood it is Considered That the Said Elizabeth Plumer goe thereof without day.

The Depostion of Joseph RAY Aged Seventy Three yers Taken the 20 Jun 1764 taken at a place where formerly Stood a Bounded Poplar Tree Situate near South West about three Hundred yeards from the front of John LAMARS Dwelling House where are not Standing Two White Oak Saplines ... Deponent was Informed thirty odd years ago by Christopher THOMPSON that between the aforesaid two saplines Stood a Bounded poplar Tree and that the said Tree was the third Bounded Tree of a Tract of Land Called CHELSEY also that the said tree was the Begining Tree of Thomas MULIKINS Land and at the Time the said Tree was shewed to this Depont the Stump Just above the Ground was only remaining and further this Depont. sayeth not .

The Deposition Elizabeth MULLIKIN Aged Sixty Eight years taken the day afsd and at the place above described this deponent After being Sworn as above Deposeth and sayeth that a Great Many years ago as she this Depont and her Husband Thomas MULLIKIN were walking Together & Came near to the place as above described The said Thomas MULLIKIN said to this Depont. younder are Two Salines dont you see them and this Depont looked and saw the said two saplines and then the said Thomas MULLIKIN Told this Depont. that there formerly stood his the said Thos. MULLIKINS Bounded tree and that he had planted a Pear Tree there & further this Depont Sayeth Not.

The Deposition of Higgison MOCKBY Aged Seventeen Years taken the day afsd and at the above described place this Depont. after being Sworn as above Deposeth & sayeth that as he this Depont and his uncle Thomas MULLIKIN were walking Together about three or four years ago they came to the place above (or within) Described and then the said Thomas MULLIKIN told this Depont. that Between the afsd two Saplines Formerly Stood his the said Thos. MULLIKINS Father's Bounded Tree and that this Depont both before and since that Time had seen the afsd two white Oak saplines and understood they were left to signifie the place where a bounded tree had stood further this Depont. Sayeth not.

By virtue of a Commission hereunto annext We have Taken the following Depositions Vizt. 11th June 1764. We met according to notice Given at the Dwelling House of Mr. Charles HODGE ... to the said Hodge's Mill where Mr. James PLUMMER Aged Sixty Eight years or thereabouts being one of the people Called Quakers ... Between Twenty and thirty years ago Mrs. PILE & Mrs. DUMALL had some disputes concerning the Lines of their Land which time he this affirmant advised them to get some honest man to run the line between them which they agreed to do and by this advise made Choice of Mr. John LAMAR that some short Time after this he was at said place together with Robert POTTENGER and Samuel BRASHEARS Deceased when said POTTENGER & BRASHEARS both said that said Tree was the Tree they were to run from that Mrs. PILES and Mrs. DUMALL were present & agreed that Mr. LAMAR should Run from Same who run the line accordingly that the Course run was North and Came very near a white oak Tree of the Land now in the possession of Mr. James DRANE [husband of Elizabeth Tyler, sister of Susanna Tyler Lamar] Called SOMETHING and further this affirmant saith not.

At the same Time and place Mr. John LAMAR aged Seventy odd years being Sworn on the Holy Evangels of Almighty Deposeth and Saith that when the above mentioned Dispute was Between Mrs. PILE and Mrs. DUMALL Concerning their Lands he run the Line between them that he went to said Tree in Company with Mr. James PLUMMER, Mr. Robert POTTENGER and Mr. Samuel BRASHEARS that said POTTENGER and BRASHEARS told him that the first mentioned Tree was the Tree he was to Run from. That he run a North Course from Said Tree which Carried him very near a white oak which he has been told was a boundary of a Tract of Land Called SOMETHING and further this Deponent Saith not.

At the same Time and place Thomas DRANE Aged Seventy two years being Sworn on the Holy Evanngels of Almighty God Deposeth and Saith that about thirty years ago Mr. William OFFUTT was making some divisions _____ a Tract of Land Called BROCK HALL that they begun at the Second Tree thereof that in Runing the number of Perches fell a good deal short of reaching the first metnioned Tree when they stopt runing and Come to this Tree & from thence to a Branch Called Perry's Spring Branch where they left of Runing and further this Deponent Saith not.

At the same time and place James MOCKLEE Aged forty three years being Sworn as above Deposeth and saith that after Mrs. DUMALL's death Mr. Nathan SMITH to whom she gave her Land Run it out that in running they run to the first mentioned White oak Standing Near Mr DIGGs when he heard Mr George PARKER Say the first mentioned White Oak was a Tree of Mr. DRANE's Land and further this Deponant Saith Not..