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Recovery Deed
Between John Rogers, Samuel Hanson & Peter Carrico
Oct. 20, 1769


Provincial Court Volume DD 4, folios 609-610

Archives of Maryland Online Volume 725
PROVINCIAL COURT (Land Records) Volume DD 4, 1765-1770,
MSA SM 22-28, Accession No.: SR 2319

transcribed by Linda Boorom





609
This Indenture made this twentieth Day of October in the year Seventeen hundred
and Sixty nine Between John Rogers of Prince Georges County of the first part and Samuel Hanson
of Charles County Merchant of the second part and Peter Carrico of the same County Planter of the third
Part Whereas for the Docking barring and Extinguishing all Estates tail and Reversions Remain
ders thereupon Expectant or Depending of and in the Lands and Appertenances herein after
mentioned the said John Rogers as demandant heretofor at the request Cost & Charge of the said
Samuel Hanson prosecute and Sue forth out of his Lordships Hight Court of Chancery his
said Lordships Writ of Entry sur difseisin en le post against him the said Samuel Hanson
returnable and returned to the Provincial Court at Annapolis the third Tuesday of October
instant whereby the said John Rogers did Demand against him the said Samuel Hanson All
that tract of parcell of Plantable Land Called the Maid Stone Lying and being in Charles County
aforesaid. Beginning at a Bounded White Oak a bound Tree of Thomas Hunts Land Called Hunts
Venture running thence North twenty Perches to a bounded Gum thence west by North thirty
four Perches to a bounded Poke Hickory standing on the South side of a Fresh run thence binding upon
a parcell of land called Canterbury North and by west two hundred Perches to a bounded White Oak
thence South west one hundred Perches to a bounded red Oak thence ease south East twenty Perches to
a bounded White Oak of Robert Gates's South East binding upon Gates's one hundred and thirty Perches
to a bounded White Oak then south and by West Fifty Perches to a bounded beach of the said Hunts
thence to the First bound tree Containing one hundred Acres of Land to which said writ the said
Samuel Hanson did appear in his Proper Person and Vouch over to warranty the aforesaid
Peter Carrico who did also appear in his proper person and vouch over to warranty thereof
the Common Vouchees of the same Court and Such further other Proceedings were thereupon
had that the said John Rogers did by Judgement of the same Court recover his Seisin against
the aforesaid Samuel Hanson of and in the Demanded Premises and the Said Samuel Hanson
did Recover over in value against the aforesaid Peter Carrico and the said Peter Carrico
did recover over in value against the Common Vouchee of the same Court whereby a Common
Recovery of the said Premises hath been had and Suffered. Now this Indenture Witnefseth

610
that the said Peter Carrico for and in Consideration of the sum of Five shillings Sterling Money
to him in hand paid by the said Samuel Hanson before the Execution hereof the receipt whereof is
hereby acknowledged hath Given Granted bargained sold aliened released Confirmed remised
and forever Quit Claimed and by these Presents Doth give grant bargain sell alein release
Confirm remise and forever Quit Claim unto him the said Samuel Hanson his heirs and
afsigns forever the aforesaid Demanded Premises and Every Part and Parcell thereof with
the Appurtenances and all the right Title Interest use trust Profit Property Claim demand
either in dower Equity and Equity of Redemption and right and title of Equity of Redemption
of him the said Peter Carrico of in and to the same and every Part and Parcell thereof. And
this Indenture further witnefseth that for the Settling and Declaring the intent and use of the said
Recovery it is hereby Covenanted granted declared and agreed by and between the said Parties
to these Presents that the said Common recovery so as aforesaid or in any other manner had
and Suffered and the Execution the Execution thereof from and immediately after the Suffering
the same or any other Recovery or Recoveries of the said mentioned Premises or any Part thereof
was meant and intended to be and enure and is hereby Declared to be and enure and that the
recoverer therein named and his heirs should and shall stand and be seized of and in the
recovered Premises and every part and Parcell thereof to and for the only Proper use and behoof
of the said Samuel Hanson his heirs and Afsigns forever and to or for no other uses intent or
purpose whatsoever. n Witnefs whereof the Parties to these Presents have hereunto interchangeably
set their hands and affixed their Seals the Day and Year first above written
Signed Sealed and Delivered     }
in the Presence of us                  }

JRogers             {Seal}
G Johnston
Samuel Hanson  {Seal}
Wm Hindman
Peter Carico      {Seal}
On the Back of the aforegoing Deed was thus Endorsed to wit,
Received on the Day and year first within written of & from the within named Samuel Hanson
the sum of Five Shillings Sterling Money being the Consideration money within mentioned to
by him Paid to me
Peter Carico
Witnefs  Wm Hindman
On the 20th Day of October 1769 Came
before me the Subscriber one of his Lordships Justices of the Provincial Courth the within named
John Rogers Samuel Hanson and Peter Carrico and Severally Acknowldeged the within
instrument of writing to be there respective act and Deed and the Lands and
Premises therein mentioned to be the right and Estate of the within named Samuel Hanson
his heirs and Afsigns according to the use intent and meaning of the same writing and
the act of Afsembly in such case made and Provided
Recorded the 20th October 1769 Before Dan of St Thos Jenifer


Note:
If you've gotten this far studying this deed, you might be wondering as I just what was going on here.
It took some searching to find an explanation that I could understand,  I found this at wikipedia.org
Common Recovery
And this regarding a Fee Tail or Entail
As you'll see, the suit in Chancery was a fictitious suit necessary so that Maidstone could be sold, willed & even mortgaged.
I am hopeful to obtain copies of the records in Chancery on this "suit" to see if there is any mention or confirmation
with more detail as to how this passed via Robert Gates will to his daughter Ann & her heirs & then to Peter Carrico (JR)

See also:
Peter Carrico's 1734 Petition to Resurvey Maidstone
Peter Carrico JR's sale of Maidstone to Peter Carrico SR in 1764
Peter Carrico's mortgage of Maidstone from Samuel Hanson in 1764
Peter Carrico's will of 1764 wherein he mentiones Maidstone & subsequent probate in 1765


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