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

the widow Of Michael Cresap, requesting
4 her 70 appear before the Commissioners
aud have their claims TO The Round
Bottom decided; that one Michael Cree.
up, = young man, son Of Daniel Cresap,
the brother Of Michael Cresap, ar, ap.
peared on behalf Of Mrs. Cresap, before
the Commissioners, and then the said
Michael CreSap and this deponent agreed
70 divide the Bottom "a equally aa possi.
Bile without respect 10 improvement by a
line from the river to the hill Mrs.
Cresap was 10 have the lower end this do.
ponent the upper end, and the Commits.
sioners ordered their Clerk 10 make out
the certificates according to the agree.
meht and 10 state the same In the certif.
Gates, which was done, and they take date
from III. This deponent further states
that she resided at the Flats OF Grave
Creek, within 81 miles Of the Round Bot.
tom, from the year 177l until Dunmore's
war In 1774. That his brother James
lived on the Round Bottom In 1772 and
l77S, and kept possession Of the same;
that there was constant inter
course between his brother aud
himself, and that Francis Purcell lived
on the bottom, holding under CresSp and
taking care that no surveys were made
on the Bottom. That Col. Crawford never
was In the neiRhborhood Of the Round
Bottom from the year 1771 until l775,
when David Rogers went after him to
where he lived, upon the Big Crossing Of
Yough River, a distance Of more than sew.
enty miles, to survey his military location
on the Ohio River at the Flats Of Grave
Greek, and Fish Creek Bottoms. This depo.
nent knows that Crawford never made any
other survey than that In July, Iii,
upon the Round Bottom, and that
Michael CreSap, senior, was always con.
sldered as the owner Of the lower part OF
the Round Bottom, until Mclean came
In with his claim under Washington.
Thatthis deponent has resided here at
the Flats Of Grave Creek from I'LL until
the present time, and was never absent
from the same save when driven of by
the Indians In IVA, and occasionally
upon business for short periods, and q
survey could not have been made on the
Bottom without his knowledge, because
be was constantly on the watch for fear
one would be made.
JOSEPH ToNLrNsoN.
The Answer Of Archibald McI.sau to the Bill Of
Michael CrtaIp.
Respondent states: That he purchased
from the late General George Washing.
ton, August 8, 1893, 5S7 acres OF land,
situate on the Ohio river, in Ohio county,
known us the Round Bottom; that The |
boundaries Of said deed, which CORE.
spends with the boundaries set forth
in the grant 10 Washington, contains 2, 293 |
acres; that the consideration to be paid |
for said land was Sc, $40; that at the time |
Of the purchase he was ignorant OF the |
claims OF Michael Cresap, bat shortly
after his arrival In the neighborhood be |
was informed that the heirs 81 said Cresap |
set up claim 10 said land; that ia The |
fall OF 1903 and the following spring he
placed tenants on said land and has
cleared great part Of it and made valu.
able improvements thereon; that on the |
Both Of October, 1884, General Washing.
ton obtained patent for the land afore.
said, and that the patent includes within
its boundary 1898 acres, the whole Of |
which the respondent claims by virtue of |
the deed aforesaid, and that It Is purely a |
question between the Commonwealth and
the paten,ee and his aliene as to the sur.
plus land; that he knowa nothing Of the |
settlement alleged 10 have been made by |
Michael Cresap in 1770 and Ill; that
the survey whereon the patent afore.
said was Issued to said Washing.
ton was founded on military warrants,
and was made long before the
Act appropristing lands 10 actual set.
tiers. That as 10 the caveat, respondent |
knows nothing, and suggests that It doea
not appear whether the said cayeat was
dismissed by the said Washington or by |
the court upon final hearing, and that
the grant aforesaid had been issued to
said Washington previous to the date Of |
the caveat aforesaid and previous 10 the !
Act of Assembly respecting the filing and
trial Of caveats.
Respondent knows nothing Of the charge
In the said bill Of the said Washington
causing a private survey 10 be made Of |
the said land, but insists that the survey |
on which the grant was founded, was
made BY lawfully authorized surveyor
and not by private person. That al
though in fact it appears from the face of |
the grant aforesaid, that the survey was
made upon warrants subsequent in date
70 the date Of the survey; yet II is mani
fest that some mistake must have been
made by the surveyor, and it ia most
certain thatno fraud Has malitdted or in.
tended, as the discrepancy Of dates would
detect any such attempt il any we're in
tended; and as n further evidence that
the aid Washington never intended or
meditated fraud, as in the bill charged,
this defendant says that during the ne.
gotiation between him and the said Wash.
ington in relation to said purchase,
the said Washington, by letter ad.
dressed to him, which is here fled
profered 10 this defendant TO take
the land Aforesaid at 5S7 acres called
for in said grant, or, to have the land
surveyed, and pay for the quantity found
by actual measurement; that respondent
closed with the first branch of the propo.
sition, and took the land for the said jS7 |
acres. This respondent denies that the
said Washington traudulently concealed
any fact or facts in relation % the survey |
on which said grant was founded, or in |
relation to the boundary, or lands in
cluded in the survey.
Respondent further states that he
leased a portion Of said land to Jonathan |
Roberts for term OF years, and denies
all fraud and combination as charged in
the bill, &c. zoe
ADJUDICATION OF THEcASE ny IlrE cOURTs.
Al Superior Court Of chIpcery held al C!arks.
b n; on the i7Ih Of May, 1896 pFesent The Hon.
Henry 81. George Tucker, Chancellor Of the Dis. |
AIchAel creap
Archibald Mclean.
/ TIL. an,,o -. .L.. 80