Notes On the Tittle Purchase of The Mountain & Later Sale

Last Update: Aug. 10, 2010

From Maryland's Hall of Records (04/22/87)
Transcribed by and through the courtesy of Sue Reinhard.

CHANCERY COURT (Papers) No. 793 (1-36-1-15)
Robert Clarke vs. John J. Jacobs and Mary his wife and others, 1792
(Ed. Note: According to the MD Tax Assessment of 1783, John J. Jacobs was the executor of Michael Cresap's estate.)

The first item in the file is Frances Deakins' original survey of (3) lots laid off for Peter Tittle and claimed by Peter Tittle. At the bottom is a drawing showing part of The Mountain overlapping Walnutt Levill/Walnut Level. There is no date on this survey, but they were all done in 1788-89.

COPY OF DEED OF CONVEYANCE - Know all men by those present that I, Michael Cresap of Frederick Co. and Province of Md. am held and firmly bound unto Peter Tittle of the said Co. and Province in the just and full sum of five hundred pounds current money, the which payment well and truly be made and done I do hereby bind myself, my heirs, executors, administrators, and assigns each and every of them firmly by those presents. Sealed with my seal and dated this 10th day of July, 1771.

The condition of the above obligation is such that if the above bound Michael Cresap, his heirs or assigns or any of them do well and truly make over and by good, and sufficient right according to the custom of the Province make over and convey unto the said Peter Tittle or his heirs a certain tract of land known by the name of the Mountain containing 125 acres more or less upon the said Peter Tittle paying 300 pounds current money by virtue of his Bonds dated yesterday - then the above obligation to be void and of non effect thoways? to be and remain in full force by virtue in law.

Michael Cresap
John Reveley
Richard Anthony

COPY OF ENDORSEMENT - For and in consideration of the sum of 300 £ current money to me in hand paid the receipt whereof I do hereby acknowledge I do hereby assign, transfer and make over unto Mr. Robert Clarke of Washington Co., his heirs and assigns all my right, title and interest in and unto the within Bond of Michael Cresap for the conveyance of the within named Tract of Land called The Mountain - as witness my hand and seal this 12th day of Nov., 1789.

Peter Tittle
Andrew Bruce
Thomas Stewart

TO THE HONORABLE ALEXANDER CONTEE HANSON, Chancellor of Md.

Humbly complaining unto your honour your orator Robert Clarke of Allegany Co. that a certain Michael Cresap late of Wash. Co. deceased in his lifetime to wit on or about the 10th day of July 1771 ? ? of and in a Tract or parcel of land called The Mountain lying in that part of Wash. Co. since erected into a new county by the name of Allegany sold the same to a certain Peter Tittle as containing 125 acres for the sum of 300 lbs. current money to secure the payment whereof the said Peter Tittle gave to the said Michael Cresap six bonds for 50 lbs. each with interest and the said Michael Cresap on his part gave to the said Peter Tittle a Bond conditioned for the conveyance of the said land on payment of the said purchase money and interest etc. etc.

Your orator further knows that the said Michael Cresap departed this life some time in the year 1775 having first duly made his last will and testament etc. etc.

Your orator further shows that the said Peter Tittle purchased the said tract of land for the quantity of 125 acres as stated in the original grant thereof - when upon an accurate official survey lately made by Lawrence Brendle for Francis Deakins it appears that 57-1/2 acres of the said tract are included within the lines of an olde Tract of Land called Walnut Level held and claimed by a certain Norman Bruce to which neither aforesaid Michael Cresap nor his assigns etc. is compellable to pay therefore before he can obtain a conveyance for the residence - and the said James Cresap (executor) under the ??? aforesaid or some of them hath always refused and still denies etc.

(End of the transcription)