Petition of William Albaugh

 

Land Records, Frederick, MD
Liber WR 8, Folio 195, F# 13949
Land Conference Petition of William Albaugh

At the request of William Albaugh the following Commission Depositions  were recorded 23 August 1788

To wit~~  Frederick County to wit ~  The State of Maryland to Messr Ephraim Howard, George Koontz, Peter Stephanus and Conrad Crombaugh Gentlemen Greeting  Whereas William Albaugh senr by his petition to the Justices of our County Court held in and for the County aforesaid on the third Tuesday of November last past did set forth that he was seized and possessed of part of a Tract of Land lying and being in the County aforesaid called Albaughs Choice the Bounds whereof are become precarious, and thereby prayed the Commission might issue in order to posses and perpetuate the memory of the same Bounds agreeable to the Act of  Assembly in such Case made and provided.  And whereas it hath been suggested to us that you are four substantial and capable Freeholders within the said County, and in no way related to the petitioner nor interested in the same Land.  These are therefore to authorize impower and require you or any three or two of you upon taking the Oath directed by the said Act of Assembly to issue Summons for all such Witnesses as shall be nominated to you by the petitioner or other person or persons interested to appear before you on a certain day to be by you appointed on the said Land and to examine all such Witnesses separately and apart upon their corporal Oaths to be by you administered of their knowledge concerning the severed Bounds as well of the said Land, or that of any other on which the same may depend or relate, and carefully to reduce what such Evidences shall declare into Writing in the presence of all the parties concerned that shall be there present.  Provided always that where all parties interested live in the said County or where they are not known that you cause Notice to be given by assigning a Note to the Church Door of the Parish where the Land lies three Sundays at the least before such your Meeting on said Land intimating your Intentions and the time you shall appoint, and that you cause the like Notes to be put at the most publick places in the County aforesaid twenty days before such Meeting.  And that where all persons interested are known and any of them live out of the said County that you cause Notice to be given by affixing a Note to the Church Door of the Parish or Parishes where such Party or Parties reside forty days at the least before such Meeting.  And also that you return a Certificate as well of your having given Notice as aforesaid as of the examination of the Witnesses taken as aforesaid together with all other your Proceedings in and about the Premises fairly and distinctly wrote and issued annexing the same to this Writ under your Hands and Seals without delay before the Justices of our said County Court that the same may be recorded in perpetual Memory and so forth. Witness the Worshipfull Upton Sheredine Gent . providing Justices of the said Court the 20th day of November 1787.
              Issued the 15th day of December 1787.                Wm Ritchie  Ceo

On the back whereof and annexed to which said Commission were returned as follow to wit~

I hereby certify that Ephraim Howard and George Koontz came before me and qualified to execute the within Commission according to Laws this 14th day of February 1788.  
                                                              Upton Sheredine

Frederick County ss.   The Deposition of John Albaugh senr aged about sixty years taken before us the Subscribers this fifth day of April 1788 after being sworn on the Holy Evangelists of Almighty God deposeth and saith that the Beginning of a Tract of Land called Albaughs Choice is a large Stone planted in the place where the Beginning Tract of the said Land formerly stood in William Albaughs Plantation near the Head of a Spring and farther this deponent saith not         Ephraim Howard       George Coons  ~~~

Frederick County ss             The Deposition of Samuel Watts aged about thirty eight years taken before us the Subscribers this fifth day of April 1788 after being sworn on the Holy Evangelists of Almighty God deposeth and saith that the Beginning of the Resurvey on Albaugh Choice is at a Stone Heap at the Beginning of the Gison line of a Tract of Land called Albaughs Choice near the main road leading from Liberty Town to Frederick Town.  This Deponent further saith that the bounded Black oak Tree standing at the end of forty perches on the sixteenth line of a Tract of Land called The Resurvey on Albaughs Choice is the Beginning Tree of a Tract of Land called Charitys Choice.  And this Deponent further saith that the bounded Black Oak Tree standing near the end of the twenty sixth line of a Tract of Land called The Resurvey on Albaughs Choice is the Beginning Tree of a Tract called the Addition to Albaughs Choice, and further this Deponent saith not.                              
                                               Ephraim Howard               George Coons

Frederick County ss             The Deposition of Zachariah Albaugh aged about thirty eight years taken before us the Subscribers this fifth day of April 1788 after being sworn on the Holy Evangelists of Almighty God deposeth and saith that the Beginning of the Resurvey on Albaughs Choice is at a Stone Heap at the Beginning of the Gison Line of a Tract of Land called Albaughs Choice near the Main Road leading from Liberty Town to Frederick Town. ~~  This Deponent further saith that the bounded Black oak Tree standing at the end of forty perches on the sixteenth line of a Tract of Land called The Resurvey on Albaughs Choice is the Beginning Tree of a Tract of Land called Charitys Choice.  And this Deponent further saith that the bounded Black oak Tree standing near the end of the twenty sixth line of a Tract of Land called the Resurvey on Albaughs Choice is the Beginning Tree of a Tract of Land called The Addition to Albaughs Choice and further this Deponent saith not.      
                                                      Ephraim Howard     George Coons

We hereby certify that previous to our entering on the execution of the within Land Commission public and due Notice was given as required by Law, and pursuant  thereto took the Deposition of John Albaugh senr, Samuel Waltz and Zachariah Albaugh, annexed to the said Commission Given under our Hands and Seals this 22nd day of May 1788.                                          Ephrain Howard  (seal)
                                                         George Coons  (seal)

To The Worshipfull the Justices of Frederick County

 

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