Holliday v. Lauck
Page one of a plea for injunction, Holliday v. Lauck, November 6, 1801. Original in the John M. Woolsey Collection of Legal Documents, Special Collections, University of Virginia Law Library.
Document Text, 6 November 1801
To the Honourable the Judge of the High Court of Chancery Humbly complaining Sheweth unto your Honour, your Orator William Holliday that sometime in the year eighteen hundred, your Orator purchased in fee simple of a certain James Welsh one of the defendants herein after named a Tract of Land near the Town of Winchester in the County of frederick, containing one hundred and six Acres, for which your Orator agreed to give three thousand five hundred dollars. That in pursuance of this Agreement your Orator conveyed in fee simple to the said Welsh at the sum of seven hundred pounds that he also paid to the said Welsh the farther sum of one hundred pounds in Cash, and passed to him three several Bonds, two of which for one hundred pounds each, and the other for the Sum of fifty pounds. And your Orator further sheweth that the said Welsh on his part at the same time made to your Orator a Conveyance in fee simple for the Tract of Land abovementioned, having first assured your Orator that his Title was clear and indisputable, and that there no Mortgage or any Encumbrance whatever upon the said Land; and in order to confirm his assurances thus made as aforesaid, he the said Welsh exhibited a Letter written by a certain Thomas Rostas another offendant Owner of the said Land) to a certain Edward Smith Leaf who was an Agent of said Rootes, stating that he the said Rootes had sold the said Land to the said Welsh, and desiring the said Smith to give to the said Welsh, or if he the said Smith should have leased the said Land, that the Tenant should pay the Rest to him the said Welsh. And as a further confirmation to his assurances the said Welsh did moreover exhibit to your Orator a Deed from the said Rootes to himself in fee simple containing a general Warranty and also sundry Title to opens relation to the said Land which Letter, Deed, and Title papers were delivered by the said Welsh to your Orator. And your Orator further sheweth, that in as much as the said Deed from the said Rootes to the said Welsh had not been recorded, and that the Wife of the said Rootes had not been a Party to the said deed. Your Orator sometime afterwards requested the said Edward Smith to write to the said Rootes for the purpose of obtaining a new Deed in which Mrs Rootes should become a party, who accordingly did write to the said Rootes and received for Answer the said Rootes had a Lien upon the said Land to the Amount of twelve hundred and fifty pounds which was evidenced by a Mortgage from the said Welsh to the said Rootes bearing even date with the Deed from the said Rootes to the said Welsh, which Information when communicated to your Orator could not find to exist his Astonishment and Regret. And your