Sim v. Deakins

<p>EJECTMENT for two tracts of Land, called Salsbury, and Austin’s Delight, both lying in Washington county.</p> <p>It appears from the bill of exceptions, that the plaintiff, at the trial of the cause, produced to the Court, and offered to read in evidence to the Jury, a deed of bargain and sale, dated the 23d of September, 1778, setting forth to be “ between Jeremiah Warder, of the city of Philadelphia, merchant, of the one part, and Joseph Sim and Thomas Sim Lee, of Prince George’s county, and state of Maryland,” for the two tracts of land in question. To which deed was the following acknowledgment, viz.</p> <p>“ Maryland,. Cecil county, to wit: Be it remembered, that on the 24th day of September, 1778, Jeremiah Warder appeared before us the subscribers, two of the Justices of Cecil County Court, and acknowledged the.. ■within instrument of writing to be his act and deed, and the lands and premises therein mentioned, to be the right and estate of the within named Joseph Sim and Thomas Sim Lee, their heirs,” &c.</p> <p>To which was annexed a certificate of the clerk of Cecil County Court, that the subscribers to the acknowledgment were Justices of Cecil county.</p> <p>And it was proved, that the grantor, Jeremiah Warder, at the time of executing the deed and making the acknowledgment endorsed on it, was a subject and inhabitant, and resident, of the state of Pennsylvania; and it was also proved, that the said Jeremiah Warder, at the time of the executing and acknowledging of the deed, was personally present in Cecil county; and that he acknowledged the same in Cecil county, before two magistrates of the said county, and that the lands mentioned in the deed, lie in Washington county. The defendant’s •counsel objected to the reading of the said deed in evidence to the Jury.</p>