Caveat Books, 1748-1784: Book 3

In law, a caveat is a formal notice filed with a court or officer to suspend a proceeding until the filer is given a hearing.


Land Office, Sep'r. 23d, 1765

Michael Zuber enters a Caveat against the Acceptance of a Survey made for Philip Jacob Rode in Pursuance of a War't for a Piece of Land in Bern Township, Berks county, the said Michael alledging that the s'd Rode sold him the Land in Dispute & now Strives to Get back again.

David Kennedy,
for Wm. Peters, Sec'ry.

To John Lukens, Surv'r General

Caveat Book 3, p. 316.


Land Office, 8th November 1765

Henry Moyer enters a Caveat against the Acceptance of a Survey or Patent being granted to Jacob Herwick or Jacob Hoffman for a Tract of about Ninety-two Acres & one hundred & fifty-three Perches of Land in Allemingle in Berks County the said Moyer alledging that he hath a Warrant dated the 18th June, 1751 & Survey made thereon by Edw'd Scull, until he have a Hearing at the Land Office.

David Kennedy,
for Wm. Peters, Sec'ry.

To John Lukens, S.G.

And the third Thursday in or 28th day of Novem'r Instant is appointed for hearing the Parties on the above Caveat.

David Kennedy,
for Wm. Peters, Sec'ry.

Caveat Book 3, p. 324.


Land Office, March the 8th, 1766

Messrs. Alexander Stedman, Charles Stedman & Henry Wm. Steigle enter a Caveat against the Acceptance of a Survey made for John Paten, Esquire by virtue of a warrant granted him dated the 4th of January, 1765 of the Tract of three hundred Acres of Land in the Same Warrant mentioned situate in Heidelberg Township in the County of Berks or the granting him or any Other Person a patent for the same until they have a heareing before his honour the governor, &c., The said Alexander Stedman & Company alledging that the s'd Warrant was Obtained by a false Misrepresentation of the s'd Patent to his honour the Governor & that the said Company have Applications entered for the Same Land the fifth of August last No. 31, 32, 33, 34 & orders of Survey Given.

Wm. Peters, Sec'ry.

To Jno. Lukens, Esquire, Surveyor General

Caveat Book 3, p. 337.


Land Office, 12th April 1766

Joseph Fox, Esq'r & Company enters a Caveat against the Acceptance of a Survey or Surveys made for Daniel Froelick of a Tract of about 50 As. of Land among Oley hills in Berks County by Virtue of his Application entered the 5th August last, No. 100 or the Granting him Or any Person a Patent for the same until the S'd Company have a hearing in the Land Office Alledging that they Applied to the s'd Office prior to the said Froelick & had the promise thereof as it lies convenient to their Forge, &c.

James Tilghman, Sec'ry.

To Jno. Lukens, S.G.

Caveat Book 3, p. 342.


Land Office, 14th May 1766

Timothy Jennings enters a Caveat against the Acceptance of a Survey made or to be made of a Tract of abt. 30 As. of Land in Maiden Creek Township, in Berks County, for Fred'k Plott, the said Jennings alledges that the s'd Survey takes off a part of Woodland necessary to the Accommodation of his Improvement whereon he lives & for which he hath an Applicaiton entered. And the last Monday in June next is appointed to hear the Parties on this Caveat they having due Notice thereof in the mean Time.

James Tilghman, Sec'ry.

To John Lukens, Esq'r., Surveyor Gen'l.

Caveat Book 3, p. 345.


Land Office, 23d May 1766

Christian Hain enters a Caveat against the Acceptance of a Survey for, or issuing a Patent to Anthony Fricker, the Heirs of Earhart Bumgartel or any other Person for a Tract of Land in Heidleberg formerly Lancaster now Berks County by Virtue of a Warrant granted s'd Bumgartel & Ors. dated the 16th October, 1754, until he have a Hearing in the s'd Office, Alledging that he hath a prior Warrant for the same or a Part thereof, and that he hath paid Edward Biddle the Attorney of s'd Bumgartel's Heirs for the Purchase of their Right a large Consideration.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, Esq'r, S. G'l.

[Withdrawn. See Judg't on file dated 27 Aug. 1766.]

Land Office 23d May, 1766.

The thirteenth day of June next being the last Monday therein is appointed to hear the Parties in the above Caveat concerned they having due Notice thereof in the mean Time.

David Kennedy for
James Tilghman, Sec'ry.

Caveat Book 3, p. 347.


Land Office, August 23d, 1766

George Michael Hall enters a Caveat against the acceptance of a Survey or Patent being granted unto Jacob Zin for any Land in Heidleberg Township, Berks County, adjoining George Myrice Land the said Hill alledging that he has a prior Right to the same. And the last Monday in or the 29th day of September next is appointed to hear the parties they having due Notice in the mean time.

James Tilghman, Sec'ry.

To John Lukens, Surveyor General

Caveat Book 3, p. 359.


Land Office, 15th October 1766

Adam Koch enters a Caveat against the acceptance of three Surveys made for Jacob Alwine, Philip Faust, and Christian Yoder on a Piece of Land in Bern Township, Berks County, the Said Adam Koch alledging that John Scull, Deputy Surveyor had Purchased a Warrant for land at a Distance from the land in Controversy and sold the same to the said Jacob and Christian on which he founded their Surveys without a Location Order that he the said Koch has an application for the said Land No. 1644 and that the said Philip entered his Application No. 1842 a good while after him yet the said Scull Surveyed the said Land to the said Philip Faust. The last Monday in November next is appointed to hear the matter in Variance all the parties Concerned having first due Notice.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, S.G.

Caveat Book 3, pp. 364-365.


Land Office, 31st October 1766

James Arnet enters a Caveat against the Acceptance of a Survey for John Patton, Esq'r by Virtue of his Warrant dated the 6th of August, 1763 for a Tract of Land in Cumru Town'p, Berks County, Alledging he hath purchased an Imp't and hath a Warrant in order to agree with the Proprietaries for a Tract of Land which will be included in said Pattons Survey until he have a hearing in the said Office.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, S.G.

Caveat Book 3, p. 367.


Land Office, 6th November 1766.

Richard Lewis enters a Caveat against the acceptance of a Survey for Michael Fulmer by Virtue of a Warrant to Peter Waggoner for a Tract of Land in Cumru Township, Berks County alledging he hath a Right to the same by Virtue of a Warrant granted to his Father James Lewis which ought to have been prior to said Waggoners as he applied to the Secretary before he did but could not then obtain one by Reason of the Secretary's Sickness. And the last Monday in February next is hereby appointed for hearing the Parties on this Caveat they having due Notice thereof in the mean time.

David Kennedy for
James Tilghman, Sec'ry.

To John Lukens, S.G.

Caveat Book 3, pp. 367-368.


Source: Pennsylvania Archives, Series 3, Volume 2. "Minutes of the Board of Property and Other References to Lands in Pennsylvania. Including Proprietary (Old) Rights," Harrisburg: Clarence M. Busch, State Printer of Pennsylvania, 1894.

Submitted by: Nancy.


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