CHANCERY CASE OF NICHOLAS PETTICOURT. FORCLOSURE ON PETTICOATS HOPE, 1796-1800

A sometimes Useful tool for genealogical research are chancery cases. There are several chancery cases involving the PEDDICORD family in Maryland. The following is a transcription of the information contained in the file of Executors of Chamiers and Lux against Nicholas Peddicourt. This case is foreclosure on a Mortgage made by Nicholas Peddicoart in 1754 on the tract of land called Peddicoate's Hope This tract of land was located in what is now Carroll Co. Maryland, though then in Baltimore Co.,



1745
Nicholas Petticoat Petticoate's Hope, 60 acres Balto./ Carroll LG#E/522 PT#2/278

Shortly after obtaining this land, Nicholas Peddicord mortgaged the land for cash and tobacco. Given the early date of the grant and mortgage and location, it is reasonable to assume this Nicholas Peddicord is the son of John Peddicoat and Sarah Dorsey who married Ann Jacks on 23 Dec 1735. One record of Nicholas is the 1773 tax list of Baltimore Co:

Nicholas Pidicourt Delaware Hundred 1773 listed with 1 taxable.

The foreclosure case was not brought until the parties were deceased. That is, it was the executors of the estates of the mortgage grantees who sought foreclosure after 40 years. Unfortunately, the case does not tell us if Nicholas Peddicourt had any heirs. Rather the complainants state the Nicholas had left the state and gone to parts unknown and it was not known if he was dead or alive. This claim seems to be for the purpose of meeting some statutory requirements. The only real data of interest in the case comes from the affidavit given by Vachel Dorsey and Richard Ridgely. They state that in 1800 the land had been abandoned, but that "hath been occupied by Petticourts Family or some of them till about two years ago, when the same that been was abandoned and ??? unoccupied and remains so at this time." Their statements indicate that the land was inhabited by some members of Nicholas' family until 1798 or so. Looking at the 1790 census, we find an Ann Pedicoat in the Delaware Hundred of Baltimore County. This may be Ann the widow of Nicholas living on Pettycoate's Hopes, in which case we might surmise she died ca. 1798. In the 1798 federal tax assessment of Baltimore County Lower Delaware Hundred, we find the tract of land Peticort Hope and others listed as follows:

Daniel BOLEY: Occupant Nicholas Dorsey: 240 acres Peticort Hope and others, old dwelling house 16 x 16 feet, one story, an old kitchen 16 by 12 feet one story and an old smoke house 8 by 8 feet. Thus despite the claims to the contrary asserted in the chancery case, it appears that Daniel Boley was in possession of the land by October 1798.

It should be noted that there is an entry in the 1783 tax list for Anne Arundel Co of:

1783 TAX LIST OF MD in Anne Arundel County:

Humphrey Petticoat. In Elkridge Hundred and

Nicholas Petticoat, Jr. In Elkridge Hundred

It should be noted that the use of the term Jr at that time did always mean that he was the son of a Nicholas Peddicoat, but rather to distinguish him from an old person of the same man.

Thus as far as can be ascertained, Nicholas Petticourt did not appear to leave any heirs.


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Chancery Court Case: Chaimers vs. Peddycoart.

Chamiers executors and Luxs executor and devisee vs. Peddycoart, Order for Bul.n Paper Apr 9, 1796.

Charles Ridgely and others executors of Achsah Chamier, executrix of Daniel Chamier and Daniel Bousley executor; and George Lux devisee of William Lux agst Nicholas Peddicoart.

In Chancery April 9, 1796

The object of the bill is to obtain and secure for foreclosure of, or a sale to discharge a mortgage issued by Nicholas Peddycoart on the 15th day of March 1751 unto Daniel Chamier, Dec. and William Lux dec. of a tract of land in Baltimore county evenly called Peddycoates Hopes containing sixty acres, for securing divers sums of money lent to the said Nicholas -----The Rell starter that the mortgages are both Dcas that The liley state, that the said Nicholas hath departed from the state and gone to some place unknown are the complaints and that they cannot ascertain whether he is living or (if he be Dead) l whether his heirs, or whether he left any.

It is Peres for at the instance of the complaint, ajudged and ordered, that they carrie a why of this order to be inserted three weeks successively in the Maryland Gazette before the 15th day of May next to the intent that the said Nicholas. xxxx or his heirs or any other person interested may have notice of the sale and if object and may be arned to appear here on or before the fifteenth day of September next to prove cause wherefore a decree should not pass as prayed.

A.C. Hanson, Chan.


Chamiers and Lux's representatives against Nicholas Peddicoart.

In Chancery Nov 5, 1796

This cause is prematurely submitted. It is an applicaton for foreclosure or sale on a mortgage under the act of 1794 against a non resident. The said act requires the facts to be established by the complanants' affadavit, and other proof but there is no proof or sphilid? of any kind except the mortgage deed.

In the first place it is necessary to prove that the defendant hath left this state and he hath

gone to parts unknown to the such Cassort? And that it ???? be ascertained, whether or not he is now living or if he be dead, who are his heirs, or whether or not he left any. The complainants affidavit will be sufficient to establish these facts.

In the next place, it is necessary to prove the debts under the mortgage It is not stated in the bill whether or not the complainants have been in possession of the land If they have have been in possession There sup? to be any allowance or profits and ?????? they have heir?? In possession or not, These ought to be such probals of the mortgage Debts as are required from exeintns?? In other cases of debt. That If neither the complainant an Daniel Chamier nor William Lux nor Achsah Chamier, have been in possession it is presumed that and offered ?? Many may be products to prove. The possession to have been all any in some other person and that the casd had been abandoned And if they or any of them have been in possession the Cerpth?? There may be ascertained by and offered testimony At any rate it is necessary to state accounts Between the parties.

A.C. Hanson, Chan.


Danl Bowlys Affidavit w/ witing the hon 2fidnce of Defendant.

Charles Ridgely and others executors of Achsah Chamiers, Executrix of Daniel Chamiers, deceased and Daniel Bowly Executor of William Lux deceased against Nicholas Peddicoart.

}In Chancery.

Baltimore County to wit.

On the Second day of April 1800 personally appeared before the Subscriber, on e of the Justices of the Peace for the County Aforesaid, Daniel Bowly, one of the complaints in the above Cause and made Oath that Nicholas Peddicoart hath left the State and gone to parts unknown and that this Deponent is not able to justain whether or not he is living, or if he be dead, who are his legal representatives or whether or such he has anyl and further the Deponent saith not, Sworn to before the Subscriber, a Justice of the Peace for the County aforesaid, Thuis second Day of April 1800. /s/ Robt Gorsuch.


Deposition of Vachel Dorsey & Rd Ridgely about Possession

Chamier and Lux's Representatives agst Peddicourt } In Chancery

Ann Arundel County, to wit May 1 1800 Be it known that Vachel Dorsey & Richard Ridgely appeared before the Subscriber, a Justice of the Peace of the County aforesaid, and made Oath that they are acquainted with the tract of Land called Pettycoats Hopes, mortgaged by Nicholas Pettycourt to Chamier and Lux: that the same hath been occupied by Petticourts Family or some of them till about two years ago, when the same that been was abandoned and ??? unoccupied and remains so at this time. That they never understood that any of the Complaints a Daniel Chamier or William Lux ever possessed the said Land or any part of it or that they or either of them ever received any Rents or Profits therefrom. Sworn before me Sam. Goodman.


TRUSTEE BOND:

Know All Men by this present that we Samuel Moale and Thomas Moale of the City of Baltimore are held and firmly bound unto the State of Maryland in the full sum of one thousand pounds current money to be paid to the said State of Maryland its certain Attorneys or assigns to which payment will and truely to be made and done we bind ourselves our heirs, executors and adminstrators firmly by these presents s sealed with our seals and dated this fifth day of July in the year of our Lord one thousand and Eight hundred. Whereas by a decree of the Honorable The High Court of Chancery of Maryland prayed the twenty eighth day of June last with a Coarse which Chamier & Luxs executors are Complainants and Nicholas Peddicoat is Defendant, the said Samuel Moale was appointed trustee to male sale of the property therein mentioned and thereby directed to lodge this bond with securities can the parcel of one thousand pounds conditioned for the faithful performance of the Last aforesaid now the Condition of the above obligation is such that if the said Samuel Moale shall will and truly perform and discharge the Final report in him by the said Decree or be repondin him by any further decree or order in the prsmises then this obligation to be void and of none effect Else to be and remain in fuill force and virtue in Law. Singed Sealed delivered in the presence:

/s/ Sam E Moale {seal}, Thos Moale {seal}, Wit Christopher Todd.

Security Accepted A. C. Hanson July 11, 1800


To the Honorable Alexander C. Hanson, Chancellor Maryland.

The report of Samuel Moale, trustee appointed by your Honor in the decree pf this Honorable Court in the case where Daniel Bowly Executor of William Lux and others are Complainants and Nicholas Pedecoat is defendant.

Humbly sheweth, That after haress? Piled his Bond for the faithful discharge of this Frank and pursued the ?ivehos in the said decree contained, your Trustie as the day up in the year of our Lord one thousand Eight hundred did set up and explore the Land (called Pediceats Hope) in the said decress mentioned at the Mills of Benjamin Lawrence the most public place near the said land called Pedicoats Hope but for want of Biddings near or equal to the value of the said tract of land called Pedicoats Hope, Your Trustee did not make the sale aforesaid. That your trustee afterwards to wit on the fourteenth day of August is the year aforesaid did after having duly advertised and published the said sale, set wh and expose the said lands call Pedicoats Hope at the auction Room of Lemmon & Johonnett and did thes and there sell the same land containing Sixty one acres mor or less unto Charles Elder by the Bid of Solomon Ethings for and at the rate of five dollars per acre he being there I then At Highest and purchase for the same,

And your Trustee herewith returning The Bond taken in the Order Aforesaid.

?s? Saml Moale

Anne arundel

Balto County to wit:

On the 28th day of August 1800 appeared before me the subscriber Justice of the Peace for the County aforesaid Samuel Moales and made oath that the facts stated in the written Report are true As the Best of his Knowledge

Sam H.Howard.

The Subscriber prays the Chancellor to ratify the sale of the Lands (in the decree Bouby Exr of Wm Lux vs. Nichs Pedicoat) made by Samle Moale the fourteenth day of Augs 1800

Balto Aug 23, 1800 /s/ Dan Bouely..


Report Bowly Ex & others vs. Nicholas Pedicoat, filed August 28, 1800

Rec Oct 15, 1800 - 56

To the Honorable Alexander Couthere Hanson Esquire, Chancellor of Maryland. The bill of complaint of Charles Ridgely John Robert Holiday and Harry Doug Gough. Executors of Achsah Chamiers who was Executrix of the last will and testament of Daniel Chamier late of Baltimore County, deceased, and of Daniel Bowly, Executor of William Lux deceased, and George Lux, Heir at Law and Devisee of the said William Lux. Respectfully shewth that a certain Nicholas Peddicoart late of Baltimore Count, being seized in fee of all that tract or parcel of Land called Pettycoates Hopes lying and being in Baltimore County and containing by Patent, the Quantity of sixty acres of Land more or less and in having occasion for Mony did apply to the said Daniel Chamier and the said William Lux in their Life times to had him the said Nicholas Sum of Money and accordingly that the said Daniel Chamier did lend to the said Nicholas, the Sum of Thirty Six pounds Current Money and two pounds sterling Money. And the said William Lux did follow lend to the said Nicholas the Sum of Twenty One pounds, ten Shillings Sterling and Five Hundred pounds of Tobacco and in order to Secure the Assigment of the same with for ???, the said Nicholas on or about the Fifth Day of March, in the year Seventeen hundred and fifty four, by Indenture made between the said Nicholas of the one part and the said Daniel Chamier and William Lux of the other part, in Consideration of the said Several Sums of Money and Tobacco advanced him, the said Nicholas by them the said Daniel and William, did grant bargin, sell alien safe off and confirm unto the said Daniel Chamier and William Lux all the above haeued?? Tract of Land called Pettycoat's Hopes containing sixty acres of land more or less. Together with all his, the said Nicholas's Right, Title, and Intrest of in and the same and every part and parcel thereof: To have and to hold the siad Land and possess with every of the appartnaces unto the siad Daniel Chamier and William Lux thier Heirs and Assigns forever, subject never the less to a power force or Condition for redoiong then, in the said indenture contained, if the said Nicholas, his heirs, executors, Administrators or Assigns Shewth well and truly pay unto the said Daniel Chamier and William Lux, the aforesaid Several Sums of Money and Tobacco by them respectively lent as aforesaid, to the said Nicholas on or before the fifth day of March in the year seventeen hundred and fifty seven with lawful Interest for the same, as by the said original indenture have with filed? to which your Orator ??? and pray the same may be taken, as part of this Bill Having laent will more fully end at large appear. Any your Orator charge that the said Several Sumes of Money and Tobacco or any part thereof was not paid to the said Daniel Chamier and William Lux or others or either of them in their Life time, according to the said ?roorisoe, in the said Indenture contained at the Time aboved mentioned or at any other time.

Your Orator Daniel Bowly furhter Sheweth that the said Nicholas Pettycourt having a further occasion for Money did from Time in the Month of August seventeen hundred and fifty five again apply to the said William Lux to Lend him further Sum of Money which the said William Lux accordingly did and for securing repayment thereof with interest the said Nicholas did by an Indorsement mache (mark?) Upon the back of the said indenture, bearing date on the tenth Day of August seventeen hundred and Sixty Two, acknowledge himself indebted to the said William Lux in the Sum of seventy pounds Eight Shillings and Eleven Pence Sterling Money advanced by him on the Condition of the said Mortgage; And the said Nicholas in and by the said indorsment did change and make the said mortgaged Premises, liable for the payment of the said Sum of Seventy Pounds, Eight Shillings and Eleven Pence Sterling with lawful Interest for the same till paid as in and by the said Indorsment on the back of the said indenture to which our Orator Daniel Bowly for ????? Certainty ???? himself may mane fully and at large appears.

And your Orator further shewth that no part of the said sum of Thirty Six pounds currrent money and five pounds sterling ??? ??? said Daniel Chamier hath been paid within both any part of the said Sum of Seventy Pounds, Eight Shillings, and Eleven pence Sterling Money die to the said William Lux hath been paid after? paid, but the said several sums together with interest thereon are full due.

Your Orator further states that the said Daniel Chamier departed this life some time in the year Seventeen Hundred and Seventy having first duly made his Last will and Testament wherein he devised and bequeathed to Achsah, his wife, all his real and personal Estate im Maryland and appointed the said Achsah Executrix of his Said last will which said Achsah took upon herself the Burthise and Execution of the ???? ????? repomd, but before tje Money die to the said Daniel Chamier o the Mortgage aforesaid was paid, she the said Achsah, departed this Life having firs made her last will and Testament, wherein she devised all her Real? estate to your orators John Robert Hollyday and Charles Ridgely and constituted and appointed your Orator Henry Dorsey Gough L John Robert Hollyday and Charles Ridgely, Executors of hr last will who have taken upon themselves the Burthen and Execution of Trust supond in them.

Your Orators further state that the said William Lux, also departed this Life some time in the year Seventeen Hundred and Seventy having first duly made his last will and Testament in writting wherein and wholey he devised all his real estate to your orator George Lux and constituted and appointed your Orator Daniel Bowly, sch Executor of this said last will who hath taken upon himself the Burthrn and Execution of the Trust soposed in him.

Your Orator further state that the said Nicholas Peddicoart hath departed from the state of Maryland and gone to ??? (susseds) in foreign parts unknown to your Orators, when by your orators When by your orators an proven ?id from taking proper Miassions either to account the monies due from the said Nicholas Peddicourt or to Secure a Title to the mortgaged premises written & the aid of this Honorable Court - And It cannot be ascertained whether the said Nicholas is living and if dead who are his heirs or when he had any.

In Consideration whereof and for as much as your Orators are ???? ????? in the possession nor can foreclose the Equity of Redemption thereof. But in a Court of Equity. Whose Makers of this Nature are cognizable for the End therefore, that the said Nicholas Peddicourt may on his corporal Oath need perfect and distinct All favor make to all and Singular the maker aforesaid at fully or if again separated; And the said Nicholas Peddicourt may be deceased to pay and satisfy to your Orators, the Several Sums of Money aforesaid, with the Interest due thereon by as last Day to be appointed by this Honorable Court, and on Default thereof that the said Nicholas Peddicourt and all Persons claiming under him may be foreclosed of said from all Equity of the Redemption in or to the said Mortgaged Premises: and that your Orator may have such other and further relief in the Premises as the Nature of this Case doth or may require May it please your Honor to grant an order for Such Notice to be given in as by Law is prescribed so that the said Peddicoart or any person claiming under him may if he or they can Shew Cause appear by a certain Day and assign good and sufficient objections why your orators should not have a Decree in the primess and your Orators in Duty bound will Pray

/s/ Rd Ridgely & Complts.


In Chancery Oct. 15, 1800

Ordered that the sale made by Samuel Moale, trustee as stated in his report, of the real estate of Nicholas Peddicourt, mortgaged to William Lux and Daniel Chamier be absolutely approved, ratified, and confirmed and that the auditor of this court state the claims of the complainants and the proportion which each is entitled to out of the money owing from the sale, allowing the trustee a commission of 7 per centurm and all expenses except personal expenses and the costs of full am???? as taxed by the register to the sum of

/s/ A C Hanson Chamb.


Notes the statements of accounts:

amount for Willam Lux from Nicholas Peddicoat:

5 March 1754: Amount of Cash received: 35-16-8, amount of Tobacco 500#

14 Aug 1800 - Interest on the 35-16-8 for 46 years and 5 months and 9 days - 99-17-00

- Interest on the 500# tobacco, 1858#s of tobacco.

The total value of 2358 #s tobacco at 44-4-3.

Balance Due to Account of William Lux 179-17-11.



Account for Nicholas Peddicoat to the account of Daniel Chamier:

5 March 1754: in Currency - 36 lbs. In Sterling 8-6-8.

11 Aug 1800 Interest on the above 123-10-9

total Balance due 167-17-5



The final balance showed the sale of land at $5 an acre for $305. This was equated to 114-7-6

(pounds-shillings-pence) Payments were

Samuel Moale his commission 8-11-7

Cost of Daniek Bouley 9-0-6

Auction Fee 1-15-0

To Daniel Bouley as executor of William Lux on account of 117-17-11 49-3-1

To Charles Ridgely as acting executor of Ashach Chamier on account of 167-17-5 45-17-4.



The above documents are from the Baltimore County Chanery Court file at the Maryland State Archives and were copied for and provided by Glenn Peddicord