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troller to credit him with the sum of twenty dollars and fifty-three cents, and to charge the same to my part of the lot. April 20, 1825.
" JAMES WICKHAM."
At the time of making the offsets, separate accounts were opened with Pierce and Wickham, and each was charged with onehalf of the original bond, as stipulated in the written agreement before referred to. Pierce was credited on his separate account with all the payments made by him, and also with the $20.53 authorized by Wickham to be charged to his account.
What inducement Mr. Wickham had to take 72 acres for his share, and agree to pay one-half of the original bond, the Commissioners have no better means of ascertaining, than they have of finding out what induced him to authorize a credit to Pierce, and a charge to himself of $20.53 at the time of the offset. These were matters of private arrangement between the parties. The only claim set up by Mr. Wickham, is, that he ought to have an equal share of the forty acres added to the lot by the new survey, and that as his 72 acres includes only 8 acres of the addition, he is entitled to 12 acres more to make up his half of the 40 acres. And this he claims on the ground that his release to Pierce in 1821, and before the new survey, did not cover any part of the 40 acres, and embraced only 125 acres, as set forth on map B. It is most certain, however, that when Wickham, in 1825, took an oath that he would “faithfully and impartially appraise" all the remainder of lot 27, deducting his 72 acres; that he considered himself divested of all interest in the lot beyond the 72 acres: And although he had assigned only 125 acres to Pierce, he took into his estimate 166 acres when he was called upon, as a disinterested person, to estimate the relative value of different parts of the 166 acres. Connected with Wickham's appraisement, also, was a survey and description of the 100 acres granted to Pierce, and which is the same description on which the offset was made, and the patent granted. Add to this, that Wickham was present at the Comptroller's office when the offset was made, and when there seems to have been a general adjustment of the accounts between him and Pierce, and there seems to be left no reasonable ground for a claim or for complaint on the part of the petitioner.
As a matter of justice to Mr. Wickham, it is proper to add, that he presented his claim to the Commissioners of the Land-Office,
some day last week; and from a partial examination of the subject, and admitting his relation that he had paid half of the original bond, and consequently had paid for one-half of the 40 acres added by the new survey, and had received only 8 acres, the Commissioners were induced to believe that the petitioner had paid for 12 acres of land which had been patented to Pierce without the assent of Wickham; and under this impression, Mr. Wickham was given to understand that he had a just claim, in the opinion of the Commissioners, or of such of them as he conversed with, but that the Board had no power to grant him the relief to which he might be entitled. This conversation probably induced Mr. Wickham to present his petition to the Legislature. An examination of the original papers in the public offices has placed the whole matter in a different light, and satisfied the Commissioners that the boundaries of the offset and patent to Pierce were made with the assent and knowledge of Wickham, (although not embraced in his conveyance to Pierce before the re-survey,) and that all the transactions at the public offices in relation to lot No. 27, have been correct, and according to the intentions of the parties, as expressed in their written requests, now on file in the Comptroller's office.
All which is respectfully submitted.
A. C. FLAGG, Comptroller.
A. KEYSER, Treasurer,
( A. ) Lot M 2, now 27, Crumhorn Mountain Tract. This lot was originally sold to Benjamin Pierce and
James Wickham, on the 9th May, 1821, for........ $597 00 Deduct amount paid down,...
Bond given for balance,....
1823. Dec. 1. Amount added for 40 acres annexed to this lot
from lot 26, by the new survey,
3r. 08p. as shewn on map A, with the pa-
troller's books as follows:
$356 30 Interest,
Amount of payments by Pierce, being the payments above mentioned, to be credited to his part:
Prin. 1822, May 21,..
$15 00 Sept. 24,
28 00 $3 00 1823, Feb. 26,..
13 15 86 85 March 11,
1 05 18 95 1824, July 7, ...
54 13 15 87
$111 33 + 124 67=236 00 Amount charged to Pierce, April 25, 1825,..
161 03=161 03
397 03 On the same day that the new account was set off to Wickham for 72a. 3r. 8p. a discharge was given of 100a. of Pierce's part, as shewn on map C, and in conformity to a survey thereof presented to the Comptroller for that purpose. [Assem. No. 236.]