The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-11-26

A'.p'', "A rsl.s. !. c,....,,.
Jonathan npI Roberts. Dm aled December 1922
70 he Hon. Dabney Carr, Judge Of he
Sspreme Court Of Caaneay holden al
ClGkSburg:
Your Orator, Michael Cresap, sheweth
that in the year 1910 or l77l his father,
Michael CresNp, caused a settlement to
be made 10 the Round Bottom, on the
Ohio river lin the now county Of Ohio)
adjoining and below lands claimed by
Joseph TomlDson. That in the year
LIS he departed this life, having made
and published his last will, by which he
devised to hisdaughters, Mary, Elizabeth
and Sarah, the aforesaid land, who at the
death Of their father we're infants Of ten
der years. That Luther Martin inter-
married With one Of said daughters, and
IN the year 1851 obtained a certificate in
The right Of the settlement Of the said
Michael Cresap, and on the 9th Of Feb.
Flary, lisa, caused survey to be made
Of said land, and on the 5th Of April,
ISL, the plot and certificate Of survey
wsrc'urned to the Registers. office. o.
The 10Th Of July, 1885, the late General
George Washington entered caveat
lopFevent the issuing Of a grant upon
said survey, and in April, 1887, said ca
veat was dismissed, and grant issued to
The said Luther Martin and Mary his
wife, and the said Elizabeth and Sarah
Csssap.
Your Orator further begs leave 10 show
that in the distribution OF the estate Of
his father, the said Michael CrCsap, an
arrangement took place by which your
orator acquired the right Of the said
Luther Marlin and the other patentees
oy conVcyances duly recorded, and IN
pursuance thereof he was regularly and
Peeaceahly invested with the possession
oil said land, and continued In such
Peseeab'e possession for long time.
our Orator further shows that he was
an infant at the death Of his father, and
HSas not until many years had trans
pred alter his death, that your orator
aF't heard Of claim 10 said land by the
late General Washington. Upon appli.
Gallon 10 the late Luther Martin who
was an acute and learned lawyer, he as
ceftained that state Of facts existed 10
relation to the claim Of said Washington
as seemed To forbid the idea thRt the
eialn would ever be asserted, or, II so
That it could not be an available one.
That intact, and your orator so charges
That the said Washington cauled a pri
Tata survey 10 be made Of the Round
Bolton Containing altogether 1900 OF
I,SgO acFesG that the person who made
.ald survey avowed at the time Of max
!hg'he survey, that II was not upon The
Iu'hctlty Of any warrant or location
iAaI be was instructed to make a survey
loF The said Washington, but Tor whaJ
purpose he did not know; that the sait
surveyor was ut tue time Of making The
'ald survey shown the improvement ant
NsIement made by your orators father
sa1 admonished not TO make the survey
Anu, lurther, that it wasa fact that sale
.u'vey was unauthorized by any warran
81 location, Is manifested by reference 4
'ae certificate Of survey upon which III,
~, Washington obtained his grant, b.
WHICH 1t appears that at the time sale
'utvey pnrporlS TO have been made, III,
variants by which Il Ia alleged the sur
TX was authorized were not In existence
~" likewise manifested that itwssitl