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From: "Dorinda Shepley" <>
Subject: Re: Wood-Miller Chancery Record
Date: Tue, 13 Dec 2005 14:38:22 -0500
References: <26a.234bf4b.30cefe79@aol.com> <004101c5ff85$88bbf600$a4ae3542@DC5FLF51>


I happen to have an abstract of one of the Chancery records you listed, but no mention of Ebenezer.

- John MILLER and wife Elizabeth

vs Joseph WOOD and Peter BEARD - Title

[MdHR 17,898-3569; Loc 1-36-4-72 dated 5 Nov 1787]



In 1779, Elizabeth WEBB (but now w/o John MILLER) purchased from Peter GISE a tract of 130 acres for 800 pounds cm and passed four bonds of 200 pounds each (witnessed by Joseph WOOD and Peter BEARD) for payment and he thereby gave her immediate possession. Elizabeth married John Miller in 1781 but had paid off the purchase money before her marriage. Peter Gise died and his son, Nicholas GISE (who lived in Virginia), refused to convey the said land until the balance of 30 pounds was paid. Elizabeth, now married, and her husband borrowed from George DEVILBISS to pay the balance.

Joseph Wood destroyed the deed which was made to Elizabeth Miller and fraudently had Nicholas Gise make a new deed to Joseph Wood and Peter Beard of which Joseph Wood recorded in the records of Frederick County. Afterwards, the Millers then saw an advertisement in April 1785 saying the 130 acres on the plantation where John Miller now lives would be sold by Joseph Wood and Peter Beard. A night or two before the sale, Thomas REYNOLDS, a brother-in-law of Joseph Wood, and a constable of the Hundred where the Millers resided, arrested John Miller after he was in his bed by a warrant granted by Joseph Wood at the request of Thomas Reynolds and directed Miller to appear at William BENTLEY's sale of Miller's land. On the 13th of April, after the sale was over, Joseph Wood (a magistrate) very late in the evening set up to public sale for ready money Miller's land when William Bentley bid 81 pounds; Wood said it was too little and he would give 100 pounds and then struck off th!
e sale to himself. Wood then committed Miller to goal (jail) under pretense he owed a dollar; Reynolds took him in custody by foot although he had a horse. After a mile or so, a son of Bentley came and informed Reynolds he must take Miller back to Wood whereby Wood demanded the bond of conveyance which Wood and Beard had given to Elizabeth Miller. Wood claimed he would send Miller to goal if he didn't hand it over.

Miller, describing himself as old and infirm, 60 years of age, and his wife still older and more infirm, did so because he knew Wood had the power to carry out his threats. Wood then sold the land to Daniel YANDERS for 150 pounds and then went to Millers house in his absence and took all the goods and effects of the Millers and put them in the cellar. Wood then turned over possession to Yanders and Yanders then refused to allow the Millers back on the property to obtain their possessions.



Land - Resurvey on Good Neighborhod, Pleasant View

(not recorded)


- Dorinda Shepley -
Mid Maryland Roots Website
www.midmdroots.com


----- Original Message -----
From: Abordo
To:
Sent: Monday, December 12, 2005 8:35 PM
Subject: [MDFR] St. Barnabas Episcopal/ EVANS in Frederick Co.


What I do find interesting is a Wood/Miller
record ( Alas no mention of the Ebenezer above):

CHANCERY COURT
(Chancery Papers)
1713-1790
MSA SSF 512
Date: 1787/11/05
3569: John Miller and Elizabeth Miller vs. Joseph Wood and Peter Beard. FR.
Title to Resurvey on Good Neighborhood, Pleasant View.
Accession No.: 17,898-3569 MSA S512-4-3685 Location: 1/36/3/ Date: 1789/03/14 ...

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