Petition of Harry Beverley, 1711 Nov. 2.
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name of one Thomas Griffin, dating it ye 4th of Janry 1705/6 and thereupon takes his bond in ye penal Sum of two hundred pounds Sterl to make him a right of ye whole land as soon as a patent should issue and was to give him ten pounds for so doing. But yor petr who all this while had been ignorant of ye Survey in Thorps name, by accident hearing of ye Survey in Griffins name entered a caveat against a patent issuing thereon, and at a hearing before ye Honble Generll Court ye 23d Octobr 1707 obtained an order that no patent should issue on ye sd Survey and then ye said Charles Smith, who was by at ye sd tryal pretended that ye said Harry Beverley had never made any such entry with him, but that the right lay in ye Orphans of the said Thomas Thorp, again: but ye Court then Judged no further but to make void ye said Griffins Survey. Thereupon ye sd Charles ye Surveyor pushed forward again ye Survey in ye said Thorps name, and (as your petr has reason to beleive) imployed attorneys to sollicite ye same in ye name of one or more of ye Orphans of ye said Thorp, and so fully relyed upon ye Grant thereof that among other things he made a bequest of it by his will in these words. "And likewise as Tho Tharpe deced and my self formerly surveyed "and took up a certain tract of Land lying on ye East side "of Pumenzen, which Survey now lies in ye Secretaries Office, "And whereas Tho Thorp was to have a patent in his own name "for ye said Land, but the said Tharp dying gave ye One "moyety to his Sons as p[er] will. It is thought necessary by the "Honble Council of State to issue patent to his said Sons "he having impowerd his Execrs by will to make over the other "moiety to me and my heirs for ever. Which land I also give unto "my said loving wife and her heirs for ever. And thereupon the said Charles dying his will came to be make known, & the Covenants also between the said Smith and Griffin came to be put in Suit, by which ye said Smith was to give him ten pounds for countenancing ye said Survey, for solliciting a patent thereon, and for making over ye said Land to the said Smith after patent. The petr being inform'd of these things supposed that (ye said Charles being now dead) he might find out something further by his Entry books, and got a search to be made therein, and thereby found that ye said Charles his generall way of making entrys was, to make ye notification of rights on that side of the leaf which is generally made use of for the debet side in accounts books, and to make the Entrys on the credit side of ye book, each entry on a distinct leaf. And ye petr in